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 Derrick J. Miles, Petitioner, v. State of South Carolina, Respondent.

Appellate Case No. 2015-001997 Lower Court Case No. 2013-CP-08-02847

ON WRIT OF CERTIORARI

Appeal From Berkeley County The Honorable Roger E. Henderson, Circuit Court Judge

Memorandum Opinion No. 2017-MO-012 Submitted May 31, 2017 – Filed June 21, 2017

REMANDED

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner.

Attorney General Alan Wilson and Assistant Attorney General Alicia A. Olive, both of Columbia, for Respondent.

PER CURIAM: Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief. The petition for a writ of certiorari is granted. We dispense with further briefing and direct the court of general sessions to determine if, in its discretion, petitioner should be given credit for time served on house arrest. See S.C. Code Ann. § 24-13-40 (Supp. 2016) (stating sentence credit "may be given for any time spent under monitored house arrest").

REMANDED.

BEATTY, C.J., KITTREDGE, HEARN, FEW and JAMES, JJ., concur.