THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)2, SCARC.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

Derek J. Brown, Petitioner,

v.

State of South Carolina, Respondent.

ON WRIT OF CERTIORARI

Appeal From Laurens County
D. Garrison Hill, Circuit Court Judge

Memorandum Opinion No. 2012-MO-014
Submitted April 18, 2012 - Filed May 9, 2012

DISMISSED AS IMPROVIDENTLY GRANTED

William T. Toal, of Johnson Toal & Battiste, of Columbia, for Petitioner.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Ashley McMahan, all of Columbia, for Respondent.

PER CURIAM: After careful consideration of the Appendix and briefs, the writ of certiorari is

DISMISSED AS IMPROVIDENTLY GRANTED.

PLEICONES, ACTING CHIEF JUSTICE, BEATTY, KITTREDGE and HEARN, JJ., concur. TOAL, C.J., not participating.