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SUTTON v. STATE

No. 25910.

361 S.C. 644 (2004)

606 S.E.2d 779

Johnny Wayne SUTTON, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided December 13, 2004.

Attorney(s) appearing for the Case

Phillip J. Mace, of Columbia, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Respondent.

Justice BURNETT:

The circuit court dismissed Johnny W. Sutton's (Petitioner) post-conviction relief (PCR) application as barred by the statute of limitations. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner was convicted in 1991 of murder and was sentenced to life in prison. We affirmed. State v. Sutton, Op. No. 93-MO-197 (S.C. Sup. Ct. filed July 19, 1993) (unpublished decision).

Petitioner filed his first PCR application...

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