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 Jakes, Petitioner.

Appellate Case No. 2013-002571

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal from Colleton County Perry M. Buckner, III, Circuit Court Judge

Memorandum Opinion No. 2015-MO-036 Heard May 20, 2015 – Filed June 17, 2015

CERTIORARI DISMISSED AS IMPROVIDENTLY GRANTED

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. PER CURIAM: We granted certiorari to review the Court of Appeals' decision in State v. Jakes, Op. No. 2013-UP-360 (S.C. Ct. App. filed Oct. 2, 2013). After careful consideration of the Appendix, Record, and briefs, the writ of certiorari is

DISMISSED AS IMPROVIDENTLY GRANTED.

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