PELZER v. STATE

No. 4457.

381 S.C. 217 (2008)

672 S.E.2d 790

Ricky C. PELZER, Respondent, v. STATE of South Carolina, Petitioner.

Court of Appeals of South Carolina.

Decided November 18, 2008.

Withdrawn, Substituted, and Refiled February 3, 2009.

Rehearing Denied February 3, 2009.


Attorney(s) appearing for the Case

Assistant Attorney General Brian T. Petrano, of Columbia, for Petitioner.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Respondent.


CURETON, A.J.:

Following a grant of post-conviction relief (PCR), the State petitioned for and received a writ of certiorari. The State now argues the PCR court erred in finding Ricky C. Pelzer's plea counsel was ineffective and in granting Pelzer relief from one part of a negotiated guilty plea but leaving the rest of the plea intact. We reverse.

FACTS

In March 2001, after six years of cohabitation resulting in the birth of two children, Diana Gibbs...

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