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HINTON v. DEPT. OF PROBATION, PAROLE

No. 3722.

357 S.C. 327 (2004)

592 S.E.2d 335

Jack L. HINTON, Jr., Appellant, v. SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, Respondent.

Court of Appeals of South Carolina.

Decided January 12, 2004.

Rehearing Denied February 20, 2004.

Attorney(s) appearing for the Case

William M. Hagood, III, of Greenville, for Appellant.

Deputy Director for Legal Services Teresa A. Knox, Legal Counsel Tommy Evans and Legal Counsel J. Benjamin Aplin, all of Columbia, for Respondent.

ANDERSON, J.:

Jack L. Hinton appeals from a declaratory judgment that his out-of-state conviction rendered him ineligible for parole by virtue of South Carolina's subsequent violent offender statute. We reverse.

FACTS/PROCEDURAL BACKGROUND

Since June 17, 1992, Jack L. Hinton has been serving a thirty-year sentence pursuant to a South Carolina kidnapping conviction. Prior to the present conviction, Appellant completed a jail sentence in Ohio...

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