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WALTERS v. STATE

No. 26257.

371 S.C. 591 (2007)

641 S.E.2d 434

Gary WAITERS, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided February 5, 2007.

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 Colleen E. Dixon, all 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 MOORE:

We granted a writ of certiorari to review the grant of post-conviction relief (PCR). We reverse.

FACTS

Respondent was indicted for distributing crack cocaine after he sold drugs to an undercover agent on July 26, 2000. He pled guilty on March 21, 2001, and was sentenced to five years as a second offender pursuant to S.C.Code Ann. § 44-53-375(B)(2) (Supp.2005). The offense used to enhance his status to second offender occurred...

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