GARDNER v. STATE

No. 25528.

351 S.C. 407 (2002)

570 S.E.2d 184

Charles GARDNER, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided September 9, 2002.


Attorney(s) appearing for the Case

Deputy Chief Attorney Joseph L. Savitz, III, 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 B. Allen Bullard, Jr., and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for respondent.


CHIEF JUSTICE TOAL:

This Court granted Charles Gardner's ("Petitioner") petition for a writ of certiorari to review the denial, after a hearing, of his application for Post-Conviction Relief ("PCR"). Petitioner argues the PCR court erred in finding he knowingly and intelligently waived his right to counsel. We agree.

FACTUAL/PROCEDURAL BACKGROUND

In February 1995, Petitioner was indicted on two counts: (1) for trafficking over 400 grams of cocaine...

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