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THOMAS v. STATE

23608

308 S.C. 123 (1992)

417 S.E.2d 531

David Ray THOMAS, Petitioner v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided March 30, 1992.

Attorney(s) appearing for the Case

Daniel T. Stacey, of the South Carolina Office of Appellate Defense, Columbia, for petitioner.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, and Asst. Atty. Gen. Delbert H. Singleton, Columbia, for respondent.

Submitted Jan. 21, 1992.

Decided March 30, 1992.

TOAL, Justice:

The petitioner was found guilty of first-degree burglary and first-degree criminal sexual conduct. In this post-conviction relief action the petitioner alleges he received ineffective assistance of counsel. We agree and reverse the lower court's denial of relief.

At trial, the victim testified she had just returned home from the hospital...

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