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KOON v. STATE

No. 25798.

358 S.C. 359 (2004)

595 S.E.2d 456

Robert H. KOON, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided April 5, 2004.

Rehearing Denied May 14, 2004.

Attorney(s) appearing for the Case

Andrew David Grimes, of Summerville, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Chief Capital & Collateral Litigation Donald Zelenka, and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Respondent.

Justice WALLER:

Petitioner filed this petition for a writ of certiorari pursuant to Austin v. State, 305 S.C. 453, 409 S.E.2d 395 (1991), addressing the questions petitioner sought to have reviewed from the order denying his 1987 PCR application. We affirm the denial of relief in part, but vacate one of petitioner's convictions because we find that the trial court lacked subject

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