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CLAIR v. STATE

No. 24515.

324 S.C. 144 (1996)

478 S.E.2d 54

Rodney CLAIR, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided November 4, 1996.

Attorney(s) appearing for the Case

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Teresa N. Cosby, and Assistant Attorney General G. Robert Deloach III, Columbia, for petitioner.

Tara Dawn Shurling, Columbia, for respondent.

MOORE, Justice:

We granted the State's petition for a writ of certiorari to review the grant of post-conviction relief (PCR) in this case. We now affirm.

FACTS

Respondent was indicted for trafficking in cocaine weighing more than 100 grams and less than 200 grams. Before the jury was sworn, the solicitor moved to amend the indictment to an amount more than 200 grams and less than 400 grams. Defense...

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