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ODOM v. STATE

No. 25015.

337 S.C. 256 (1999)

523 S.E.2d 753

Herbert Wayne ODOM, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided November 15, 1999.

Attorney(s) appearing for the Case

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

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Teresa A. Knox, and Assistant Attorney General Howard L. Steinberg, all of Columbia, for respondent.

TOAL, Justice:

Herbert Wayne Odom ("Odom") appeals the post-conviction relief court's order of dismissal. We reverse and remand.

FACTUAL/PROCEDURAL BACKGROUND

On August 31, 1993, Odom was arrested for distributing marijuana to an undercover officer within a half mile from the Busy Bee Day Care Center in Sumter County. A jury convicted Odom of one count of distribution on December 1, 1993. The presiding judge imposed a five year sentence and a fine...

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