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SIMMONS v. STATE

No. 24795.

331 S.C. 333 (1998)

503 S.E.2d 164

John Henry SIMMONS, Jr., Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided June 1, 1998.

Attorney(s) appearing for the Case

Assistant Appellate Defender Tara S. Taggart and Assistant Appellate Defender Lesley M. Coggiola, both of the South Carolina Office of Appellate Defense, Columbia, for petitioner.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Teresa A. Knox, Columbia, for respondent.

BURNETT, Justice:

This Court granted certiorari to review the denial of petitioner's application for post-conviction relief (PCR). We reverse.

FACTS

Petitioner was convicted of first degree burglary and two counts of assault and battery of a high and aggravated nature (ABHAN). The jury did not recommend mercy on the burglary charge,1 and petitioner was sentenced to life...

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