THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

William D. Tanks, Petitioner,

v.

State of South Carolina, Respondent.

Appeal From Lexington County
 Clyde N. Davis, Jr., Circuit Court Judge

Memorandum Opinion No.   2009-MO-023
Submitted April 22, 2009 – May 26, 2009

DISMISSED AS IMPROVIDENTLY GRANTED

Appellate Defender M. Celia Robinson, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia, for Respondent.

PER CURIAM:   We granted a writ of certiorari to review the denial of Petitioner’s application for post-conviction relief (PCR).  We now dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., WALLER, PLEICONES, BEATTY and KITTREDGE, JJ., concur.