MARLAR v. STATE

No. 4225.

373 S.C. 275 (2007)

644 S.E.2d 769

Anthony MARLAR, Petitioner v. STATE of South Carolina, Respondent.

Court of Appeals of South Carolina.

Decided March 26, 2007.

Rehearing Denied May 17, 2007.


Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Dudek, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christopher L. Newton, all of Columbia, for Respondent.


BEATTY, J.:

Anthony Marlar was convicted of first-degree burglary and first-degree criminal sexual conduct. His petition for post-conviction relief (PCR) was denied. This court granted certiorari to review the PCR court's denial of relief. We vacate and remand.

FACTS

In the early morning hours of February 23, 1993, two men with stockings covering their faces broke into the victim's home. The victim's three-year-old daughter was sleeping in the bed...

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