FERNANDERS v. STATE

No. 25832.

359 S.C. 130 (2004)

597 S.E.2d 787

Andreas FERNANDERS, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided June 1, 2004.


Attorney(s) appearing for the Case

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald Zelenka, Assistant Deputy Attorney General Allen Bullard, and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for petitioner.

Assistant Appellate Defender Eleanor Duffy Cleary, of the South Carolina Office of Appellate Defense, of Columbia, for respondent.


Justice MOORE:

We granted certiorari to determine whether the post-conviction relief (PCR) court erred by granting respondent relief on three charges of possession of a pistol by a person convicted of a crime of violence. We reverse.

FACTS

Respondent pled guilty to second offense trafficking in crack cocaine, possession of a weapon during the commission of a violent crime, two counts of third offense possession with intent to distribute (PWID) marijuana...

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