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

Christopher Lovett Burke, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2009-133967

Appeal from Spartanburg County Honorable John C. Few, Trial Judge Honorable J. Mark Hayes, II, Post-Conviction Judge

Memorandum Opinion No. 2013-MO-001 Heard October 6, 2011 – Filed January 30, 2013

DISMISSED AS IMPROVIDENTLY GRANTED

Appellate Defender Robert M. Pachak, of Columbia, for Petitioner.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Suzanne H. White, all of Columbia, 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.