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STATE v. BENNETT

No. 4287.

375 S.C. 165 (2007)

650 S.E.2d 490

The STATE, Respondent, v. Tony S. BENNETT, Appellant.

Court of Appeals of South Carolina.

Decided August 14, 2007.

August 14, 2007.

Attorney(s) appearing for the Case

Appellate Defender Aileen P. Clare, of Columbia, for Appellant.

John Benjamin Aplin, of Columbia, for Respondent.

HUFF, J.

Tony S. Bennett appeals his Community Supervision Program (CSP) revocation on the grounds: (1) he was charged, convicted, and sentenced as a first offender and thereby not required to participate in CSP; and (2) the trial court erred in holding he was required to challenge his sentence through a timely post-conviction relief (PCR) application. We reverse and remand.

FACTUAL/PROCEDURAL BACKGROUND

Bennett was indicted for distribution of crack...

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