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SIMPKINS v. STATE

23323

303 S.C. 364 (1991)

401 S.E.2d 142

Tom SIMPKINS, Petitioner v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided February 4, 1991.

Attorney(s) appearing for the Case

Assistant Appellate Defender Franklin W. Draper of the South Carolina Office of Appellate Defense, Columbia, for petitioner.

Attorney Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka and Staff Atty. Marshall Prince, Columbia, for respondent.

Heard Dec. 14, 1990.

Decided Feb. 4, 1991.

GREGORY, Chief Justice:

Petitioner was convicted at the age of seventy-four of first degree criminal sexual conduct with a minor. He was sentenced to eight years imprisonment. On direct appeal, his conviction was affirmed pursuant to Supreme Court Rule 23. This appeal is from the subsequent denial of post-conviction relief (PCR). We reverse.

Petitioner was...

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