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EASTER v. STATE

No. 25677.

355 S.C. 79 (2003)

584 S.E.2d 117

Clyde EASTER, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided July 21, 2003.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General B. Allen Bullard, all of Columbia, for Petitioner.

Assistant Appellate Defender Aileen P. Clare, of the South Carolina Office of Appellate Defense of Columbia, for Respondent.

Justice BURNETT:

We granted certiorari to review the lower court's decision granting Clyde Easter ("Easter") post-conviction relief ("PCR"). We reverse.

FACTS

Easter was indicted for armed robbery, kidnapping, and assault and battery with intent to kill. The State served notice of its intent to seek a sentence of life without parole pursuant to S.C.Code Ann. § 17-15-45(A) (Supp.2001), based on Easter's two previous convictions in New York.<...

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