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CHUBB v. STATE

23339

303 S.C. 395 (1991)

401 S.E.2d 159

Johnny CHUBB, 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, Robert M. Pachak, Tara Dawn Shurling and Robert M. Dudek, of S.C. 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.

Submitted Sept. 26, 1990.

Decided Feb. 4, 1991.

TOAL, Justice:

Petitioner was convicted of burglary and sentenced to life imprisonment in 1982. 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 and remand for a new trial.

Petitioner was indicted for burglary under S.C. Code Ann. § 16-11-310 (1976)1

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