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AUSTIN v. STATE

No. 25577.

352 S.C. 473 (2003)

575 S.E.2d 547

Leonard AUSTIN, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided January 13, 2003.

Attorney(s) appearing for the Case

Assistant Appellate Defender Tara S. Taggart, 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 Attorney General William Bryan Dukes, all of Columbia, for Respondent.

Justice WALLER:

We granted a writ of certiorari to review the denial of Petitioner's application for Post-Conviction Relief (PCR). We vacate the plea to possession of a firearm during commission of a violent crime and remand the matter to family court.

FACTS

Austin was charged with three counts of armed robbery, one count of assault and battery with intent to kill (ABIK), and one count of possession of a firearm during the commission of a violent...

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