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BERRY v. STATE

No. 26618.

381 S.C. 630 (2009)

675 S.E.2d 425

Donald D. BERRY, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided March 23, 2009.

Attorney(s) appearing for the Case

Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, 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 S. Prentiss Counts, all of Columbia, for Respondent.

Justice KITTREDGE:

We granted a writ of certiorari to review the denial of Donald D. Berry's application for post-conviction relief (PCR). Berry pled guilty to a drug charge, second offense, and was sentenced to prison. The prior offense for enhancement purposes was a drug paraphernalia conviction. Because a drug paraphernalia conviction does not qualify as a prior offense for enhancement purposes under South Carolina's statutory scheme and plea counsel neither informed...

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