THE STATE OF SOUTH CAROLINA
In The Supreme Court

The State, Respondent,

v.

Dushun Staten Petitioner.

ON WRIT OF CERTIORARI TO
THE COURT OF APPEALS

Appeal from Richland County
L. Henry McKellar, Circuit Court Judge

Opinion No. 26336
Heard April 17, 2007 - Filed June 11, 2007

VACATED IN PART AND DISMISSED

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, for petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, and Solicitor Warren B. Giese, all of Columbia, for respondent.

PER CURIAM: We granted a writ of certiorari to review the Court of Appeals decision in State v. Staten, 364 S.C. 7, 610 S.E.2d 823 (Ct. App. 2005). We vacate that portion of the opinion discussing Crawford v. Washington, 541 U.S. 36 (2004), as unnecessary to the disposition of this case and dismiss the writ of certiorari.

VACATED IN PART AND DISMISSED.

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.