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SIMMONS v. STATE

23675

308 S.C. 481 (1992)

419 S.E.2d 225

John J. SIMMONS, Petitioner v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided June 8, 1992.

Attorney(s) appearing for the Case

Asst. Appellate Defender Joseph L. Savitz, III, 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. Miller W. Shealy, Jr., Columbia, for respondent.

Submitted October 22, 1991.

Decided June 8, 1992.

FINNEY, Justice:

This Court granted certiorari to review the circuit court's denial of Petitioner John J. Simmons' application for postconviction relief (PCR). After consideration of the record and applicable law, we now reverse and remand.

Petitioner was convicted for possession of marijuana with intent to distribute and trafficking in cocaine, for which he received concurrent sentences to...

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