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

Robert Anthony James, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2012-206346

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS ______________

Appeal From Richland County Alison Renee Lee, Circuit Court Judge

Memorandum Opinion No. 2012-MO-050 Heard June 20, 2012 – Filed November 21, 2012

DISMISSED AS IMPROVIDENTLY GRANTED

Susan Barber Hackett, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Deputy Attorney General David A. Spencer, all of Columbia, for Respondent. E. Charles Grose, Jr., of Greenwood, and Tara S. Waters, of Laurens, for Amicus Curiae South Carolina Public Defender Association.

PER CURIAM: We granted a writ of certiorari to review the decision of the Court of Appeals in James v. State, Op. No. 2011-UP-480 (S.C. Ct. App. filed Oct. 27, 2011). We now dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

TOAL, C.J., BEATTY, KITTREDGE, HEARN, JJ., and Acting Justice James E. Moore, concur.