CUMMINGS v. STATE

21088

274 S.C. 26 (1979)

260 S.E.2d 187

Gordon Newell CUMMINGS, Jr., Respondent, v. The STATE of South Carolina, William D. Leeke, Department of Corrections, Appellants.

Supreme Court of South Carolina.

November 15, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen., Emmet H. Clair and Staff Atty. Corinne G. Russell, Columbia, for appellants.

T. Allen Legare, Jr., Charleston, for respondent.


November 15, 1979.

Per Curiam:

Respondent plead guilty to two (2) counts of possession with intent to distribute unlawful drugs arising from two (2) separate indictments. He was sentenced to four (4) years imprisonment on each indictment, the sentences to run consecutively. He did not appeal but subsequently filed an application for Post-Conviction Relief alleging that his sentence was cruel and unusual punishment. Following a hearing, the lower court...

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