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BURNETT v. STATE

No. 25582.

352 S.C. 589 (2003)

576 S.E.2d 144

Robert Lee BURNETT, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided January 13, 2003.

Rehearing Denied February 20, 2003.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. Mcintosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Petitioner.

Assistant Appellate Defender Aileen P. Clare, of Columbia, for Respondent.

Chief Justice TOAL:

Respondent, Robert Lee Burnett ("Burnett"), filed an application for post-conviction relief ("PCR"). The PCR court granted relief, and the State filed a petition for writ of certiorari.

FACTUAL/PROCEDURAL BACKGROUND

Burnett pled guilty to malicious injury to personal property, assault and battery of a high and aggravated nature ("ABHAN"), and three counts of pointing a firearm. He was...

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