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RIVERA v. STATE

No. 26653.

382 S.C. 606 (2009)

677 S.E.2d 596

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

Supreme Court of South Carolina.

Decided May 18, 2009.

Attorney(s) appearing for the Case

Appellate Defender Kathrine H. Hudgins, 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, and Assistant Attorney General Matthew Friedman, all of Columbia, for Respondent.

Justice PLEICONES:

We granted certiorari to consider an order denying petitioner's application for post-conviction relief (PCR) and now reverse, finding trial counsel ineffective in agreeing to a response to a jury question.

FACTS

Petitioner was acquitted of murder but convicted of armed robbery and received a twenty year sentence. The Court of Appeals affirmed his direct appeal. State v. Rivera, Op. No.2002-UP-544 (S.C. Ct. App. filed...

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