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FEWELL v. STATE

20234

267 S.C. 17 (1976)

225 S.E.2d 853

Ricky FEWELL, Appellant, v. STATE of South Carolina and William D. Leeke, Director, South Carolina Department of Corrections, Respondents.

Supreme Court of South Carolina.

June 8, 1976.

Attorney(s) appearing for the Case

Messrs. W. Clarkson McDow, Jr., of Rock Hill, and Roy T. Stuckey, of Columbia, for Appellant.

Messrs. Daniel R. McLeod, Atty. Gen., Emmet H. Clair and Stephen T. Savitz, Asst. Attys. Gen., of Columbia, for Respondents.

June 8, 1976.

LEWIS, Chief Justice:

Appellant, a first offender, was convicted and sentenced for violation of the South Carolina law regulating controlled substances and dangerous drugs (Code Supplement, Section 32-1510.49). He seeks, in his application for post conviction relief, to have his sentence set aside and that the cause be remanded for resentencing, on the ground that the sentence imposed was greater than...

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