THE STATE OF SOUTH CAROLINA
In The Supreme Court

The State, Respondent,

v.

Gilbert Bowie, Petitioner.

ON WRIT OF CERTIORARI
TO THE COURT OF APPEALS

Appeal From Richland County
Henry F. Floyd, Circuit Court Judge

Opinion No. 26061
Submitted October 18, 2005 - Filed November 7, 2005

AFFIRMED IN PART, VACATED IN PART

Assistant Appellate Defender Robert M. Pachak, of the South Carolina Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Attorney General Charles H. Richardson, all of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

PER CURIAM: Petitioner has filed a petition asking this Court to review the Court of Appeals decision in State v. Gilbert Bowie, 360 S.C. 210, 600 S.E.2d 112 (Ct. App. 2004). We grant the petition, dispense with further briefing, and affirm the portion of the Court of Appeals decision dealing with probable cause. However, we vacate the portion of the Court of Appeals decision dealing with the issue of standing as the issue was not properly before the court.

Affirmed in part, vacated in part.

TOAL, C.J., WALLER, BURNETT and PLEICONES, JJ., concur. MOORE, J., not participating.