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

Waymon S. Harbin, Jr., Respondent,

v.

State of South Carolina, Petitioner.

Appellate Case No. 2009-139675

ON WRIT OF CERTIORARI

Appeal From Anderson County J. Cordell Maddox, Jr., Circuit Court Judge

Memorandum Opinion No. 2012-MO-036 Submitted September 20, 2012 – Filed September 26, 2012

DISMISSED AS IMPROVIDENTLY GRANTED

Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Salley W. Elliott, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Kaelon Elizabeth May, all of Columbia, for Petitioner State of South Carolina.

Bruce A. Byrholdt, of Chapman Byrholdt & Yon, of Anderson, for Respondent. PER CURIAM: After careful consideration of the Appendix and briefs, the writ of certiorari is

DISMISSED AS IMPROVIDENTLY GRANTED.

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