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STRICKLAND v. STATE

21383

276 S.C. 17 (1981)

274 S.E.2d 430

Billy Ray STRICKLAND, Appellant, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

January 26, 1981.

Attorney(s) appearing for the Case

Staff Atty. David W. Carpenter, of S.C. Commission of Appellate Defense, Columbia, for appellant.

Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. Kay G. Crowe and Russell D. Ghent, Columbia, and Sol. Capers G. Barr, III, Charleston, for respondent.

January 26, 1981.

LEWIS, Chief Justice:

The appellant was found guilty of reckless homicide and sentenced to five (5) years imprisonment. Although Notice of Intent to Appeal was filed, it was never perfected. Subsequently, an application for Post-Conviction Relief was filed. The lower Court judge found the appellant did not voluntarily and intelligently waive his right to appeal. Due to the evidentiary support for his finding, we now afford the appellant a...

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