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PHILLIPS v. STATE

22058

281 S.C. 41 (1984)

314 S.E.2d 313

James H. PHILLIPS, Appellant, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

March 19, 1984.

Attorney(s) appearing for the Case

Appellate Defender John L. Sweeny, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod, Asst. Attys. Gen. Donald J. Zelenka and Larry L. Vanderbilt, Columbia, for respondent.

March 19, 1984.

NESS, Justice:

Appellant, John H. Phillips, pled guilty to assault and battery of a high and aggravated nature and robbery, receiving consecutive sentences of five and ten years, respectively. He now appeals from the denial of his application for post-conviction relief, contending his failure to sign a waiver of indictment, as required by S.C. Code Ann. §§ 17-23-130 and 140 (1983 supp.), invalidated his guilty plea. We agree and reverse...

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