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BENNETT v. STATE

No. 26230.

371 S.C. 198 (2006)

638 S.E.2d 673

Gary Wayne BENNETT, Respondent v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided November 27, 2006.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Julie M. Thames, of Columbia, for Petitioner.

Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Respondent.

Justice WALLER:

This Court granted the State's petition for a writ of certiorari to review the grant of post-conviction relief (PCR) to respondent Gary Wayne Bennett. Because there is no evidence in the record to show that trial counsel offered inaccurate advice to respondent or was otherwise deficient, respondent failed to meet his burden of proving counsel was ineffective. Therefore, we reverse.

FACTS

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