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GUSTINE v. STATE

No. 24552.

480 S.E.2d 444 (1997)

Ricky Wayne GUSTINE, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided January 20, 1997.

Attorney(s) appearing for the Case

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

Assistant Appellate Defender M. Anne Pearce, of South Carolina Office of Appellate Defense, Columbia, for Respondent.

TOAL, Justice:

We granted certiorari to review the Post— Conviction Relief ("PCR") court's grant of relief to Ricky Wayne Gustine. We reverse.

FACTUAL/PROCEDURAL BACKGROUND

Gustine was indicted on three counts of criminal sexual conduct with a minor, second degree, and one count of lewd act upon a child. He previously had been tried1 and convicted on an offense of assault and battery of a high and aggravated nature...

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