THOMAS v. STATE

No. 24357.

465 S.E.2d 350 (1995)

Leon E. THOMAS, Respondent, v. The STATE, Petitioner.

Supreme Court of South Carolina.

Decided December 11, 1995.


Attorney(s) appearing for the Case

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Teresa Nesbitt Cosby, and Assistant Attorney General David K. Avant, Columbia, for petitioner.

Senior Assistant Appellate Defender Wanda H. Haile, of S.C. Office of Appellate Defense, Columbia, for respondent.


MOORE, Justice:

The State petitioned for writ of certiorari to review the grant of respondent's application for post-conviction relief (PCR). We reverse.

FACTS

Respondent was convicted of trafficking in marijuana and sentenced as a third-time offender to twenty-five years. His direct appeal was dismissed. Respondent filed an application for PCR on the ground his sentence exceeded the maximum allowed by law. The PCR judge granted respondent...

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