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KERR v. STATE

No. 25295.

345 S.C. 183 (2001)

547 S.E.2d 494

James KERR, Sr., Respondent/Petitioner, v. STATE of South Carolina, Petitioner/Respondent.

Supreme Court of South Carolina.

Decided May 29, 2001.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General G. Robert DeLoach, III, Assistant Attorney General Patricia D. Breen, and Assistant Attorney General Matthew M. McGuire, Columbia, for petitioner/respondent.

Assistant Appellate Defender Tara Taggart, of the South Carolina Office of Appellate Defense, Columbia, and Joseph F. Kent, Mt. Pleasant, for respondent/petitioner.

WALLER, Justice:

We granted the parties' cross-petitions for certiorari to review the post-conviction relief court's order granting relief to respondent/petitioner James Kerr, Sr. We affirm in result.

FACTS

Kerr was indicted in January 1988 for trafficking in cocaine. After a bench trial in February 1988, he was convicted and sentenced to 25 years imprisonment and a $50,000 fine. This Court affirmed his conviction. State v. Kerr,

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