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. Byron Labron Rivers, Petitioner.

Appellate Case No. 2022-000054

Appeal from Charleston County Jennifer B. McCoy, Circuit Court Judge

Memorandum Opinion No. 2023-MO-013 Heard October 3, 2023 – Filed October 11, 2023

DISMISSED AS IMPROVIDENTLY GRANTED

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Assistant Attorney General Tommy Evans Jr., all of Columbia; and Ninth Judicial Circuit Solicitor Scarlett Anne Wilson, of Charleston, all for Respondent.

PER CURIAM: We granted a writ of certiorari to review the court of appeals' decision in State v. Rivers, Op. No. 2021-UP-395 (S.C. Ct. App. Nov. 10, 2021).

We now dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

BEATTY, C.J., KITTREDGE, FEW, JAMES, JJ., and Acting Justice Jan Bromell Holmes, concur.