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), SCACR.

THE STATE OF SOUTH CAROLINA In The Supreme Court

Johnnie Smith, Jr., Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2009-133326

ON WRIT OF CERTIORARI

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

Memorandum Opinion No. 2012-MO-024 Submitted May 2, 2012 – Filed June 27, 2012

DISMISSED AS IMPROVIDENTLY GRANTED

Wanda H. Carter, of Columbia, for Petitioner Johnnie Smith, Jr.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Ashley Anne McMahan, all of Columbia, for Respondent State of South Carolina. PER CURIAM: We granted certiorari to review the circuit court's denial of Johnnie Smith's application for post-conviction relief. We now dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

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