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


Tommy Riley, Petitioner,

v.

State of South Carolina, Respondent.


Appeal From Richland County
 James R. Barber, Circuit Court Judge


Memorandum Opinion No.  2009-MO-031
Submitted May 28, 2009 – Filed June 22, 2009


DISMISSED AS IMPROVIDENTLY GRANTED


Appellate Defender LaNelle C. DuRant, 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 Elliott, and Assistant Attorney General Brian T. Petrano, all of Columbia, for Respondent.


PER CURIAM: We granted certiorari to review the post-conviction relief court’s denial of relief to petitioner, Tommy Riley.  After careful consideration, we now dismiss certiorari as improvidently granted.

DISMISSED.

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