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DEMPSEY v. STATE

No. 25954.

363 S.C. 365 (2005)

610 S.E.2d 812

Cecil Heyward DEMPSEY, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided March 21, 2005.

Attorney(s) appearing for the Case

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General Salley Elliott, and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Petitioner.

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

Chief Justice TOAL:

Respondent Cecil Heyward Dempsey (Dempsey) was convicted of first-degree criminal sexual conduct (CSC) with a minor and was sentenced to thirty years in prison. The court of appeals affirmed. State v. Dempsey, 340 S.C. 565, 532 S.E.2d 306 (Ct.App.2000). Dempsey applied for post conviction relief (PCR) and relief was granted. This...

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