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KNOX v. STATE

No. 25114.

340 S.C. 81 (2000)

530 S.E.2d 887

John Wesley KNOX, Petitioner/respondent, v. STATE of South Carolina, Respondent/petitioner.

Supreme Court of South Carolina.

Decided April 24, 2000.

Attorney(s) appearing for the Case

Aileen P. Clare, Office of Appellate Defense, of Columbia, for petitioner/respondent.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Teresa A. Knox, and Assistant Attorney General Matthew M. McGuire, all of Columbia, for respondent/petitioner.

MOORE, Justice:

Petitioner/respondent Knox pled guilty to first degree burglary, petty larceny, and a charge of assault and battery of a high and aggravated nature (ABHAN) arising from a separate incident.1 Knox subsequently commenced this action for postconviction relief (PCR) which was granted in part. We now vacate Knox's plea to ABHAN for lack of subject matter jurisdiction and reverse the grant of PCR on the burglary charge.

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