Shearouse Adv. Sh. No. 23
S.E. 2d

THE STATE OF SOUTH CAROLINA

In The Supreme Court

The State, Respondent,

v.

Calvin Basil Smith

A/K/A Elwaldo R. James, Petitioner.



ON WRIT OF CERTIORARI TO THE COURT OF.

APPEALS

Appeal From York County

Paul E. Short, Jr., Circuit Court Judge



Opinion No. 24963

Heard April 20, 1999 - Filed July 6, 1999



CERTIORARI DISMISSED AS

IMPROVIDENTLY GRANTED



Deputy Chief Attorney Joseph L. Savitz, III, of South

Carolina Office of Appellate Defense, of Columbia,

for petitioner.

Attorney General Charles M. Condon, Deputy

Attorney General John W. McIntosh, Assistant

Deputy Attorney General Salley W. Elliott, Assistant

Attorney General G. Robert Deloach, III, all of

Columbia; and Solicitor Thomas E. Pope, of York, for

p.1

STATE v. SMITH





respondent.





PER CURIAM: We issued a writ of certiorari to review the

opinion of the Court of Appeals in State v. Smith, 329 S.C. 550, 495 S.E.2d

798 (Ct. App. 1998). After careful consideration of the briefs and arguments,

we have decided that the writ was improvidently granted. Accordingly, the

writ of certiorari is dismissed as improvidently granted.





WRIT DISMISSED.



p.2