GARY v. STATE

No. 25391.

347 S.C. 627 (2001)

557 S.E.2d 662

Jermano GARY, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided December 17, 2001.


Attorney(s) appearing for the Case

Assistant Appellate Defender Eleanor Duffy Cleary, of S.C. Office of Appellate Defense, of Columbia, for petitioner.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Allen Bullard, and Assistant Attorney General David Spencer, all of Columbia, for respondent.


MOORE, Justice:

Petitioner's application for post-conviction relief (PCR) was dismissed as time-barred under S.C.Code Ann. § 17-27-45(A) (Supp.2000). We remand.

FACTS

Petitioner pled guilty to murder and was sentenced to thirty years on October 25, 1995. No direct appeal was taken. More than a year later, on November 5, 1996, petitioner filed a PCR application asserting he was indigent and alleging trial counsel was ineffective in advising him...

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