SOLOMON v. STATE

No. 25393.

347 S.C. 635 (2001)

557 S.E.2d 666

Richard SOLOMON, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided December 17, 2001.


Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General G. Robert Deloach, III, and Assistant Attorney General David A. Spencer, all of Columbia, for petitioner.

Assistant Appellate Defender Robert M. Pachak, of S.C. Office of Appellate Defense, of Columbia, for respondent.


MOORE, Justice:

Respondent was convicted of armed robbery for attacking sixty-nine-year-old Clyde Waymer with a hammer and stealing his wallet. After his direct appeal was dismissed, respondent filed this application for post-conviction relief (PCR) which was granted. The PCR judge found counsel was ineffective for failing to object to the trial judge's omission of a not guilty verdict in submitting the case to the jury....

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