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

The State,        Respondent

v.

Hoyt Morris,        Petitioner.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal From York County
John C. Hayes, III, Circuit Court Judge

Memorandum Opinion No. 2005-MO-003
Heard January 5, 2005 – Filed January 24, 2005

DISMISSED AS IMPROVIDENTLY GRANTED

Acting Chief Attorney Joseph L. Savitz, III, of the Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Thomas E. Pope, of York, for Respondent.

PER CURIAM:  We granted certiorari to consider the decision of the court of appeals in State v. Hoyt Morris, Op. No. 2003-UP-144 (S.C. Ct. App. Filed January 19, 2003).  After review of the appendix and briefs, we find that post conviction relief is petitioner’s proper avenue to pursue relief, if any, and therefore dismiss the writ as improvidently granted.

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.