JACKSON v. STATE

No. 24657.

331 S.C. 486 (1997)

489 S.E.2d 915

Kurtis Christopher JACKSON, Petitioner, v. The STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided July 28, 1997.

Rehearing Denied September 4, 1997.


Attorney(s) appearing for the Case

Assistant Appellate Defender Lesley M. Coggiola, of South Carolina Office of Appellate Defense, Columbia, for petitioner.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Teresa Nesbitt Cosby and Assistant Attorney General Allen Bullard, Columbia, for respondent.


BURNETT, Justice:

This Court granted a writ of certiorari to review the dismissal of petitioner's post-conviction relief (PCR) application. The PCR judge determined petitioner lacked standing because he had never been incarcerated. We reverse and remand.

FACTS

Petitioner was arrested in June 1991 for possession of marijuana. He was released on a personal recognizance bond. Petitioner was convicted and ordered to pay a fine or serve thirty...

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