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

The State, Respondent,

v.

David M. Rocquemore, Petitioner.

Appellate Case No. 2010-173067

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal from Charleston County Daniel F. Pieper, Circuit Court Judge

Memorandum Opinion No. 2012-MO-051 Heard November 15, 2012 – Filed December 12, 2012

DISMISSED AS IMPROVIDENTLY GRANTED

Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner.

Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Deputy Attorney General Deborah R.J. Shupe, of Columbia, and Scarlett A. Wilson, of Charleston, for Respondent. PER CURIAM: We granted a writ of certiorari to review the decision of the court of appeals affirming the denial of Petitioner's motion for a mistrial. We now dismiss the writ as improvidently granted.

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