STATE v. HERNANDEZ

No. 26654.

382 S.C. 620 (2009)

677 S.E.2d 603

The STATE, Respondent, v. Raphael HERNANDEZ, Honorio Guerrero and Alfredo Avila-Arjona, Petitioners.

Supreme Court of South Carolina.

Decided May 26, 2009.


Attorney(s) appearing for the Case

Chief Appellate Defender Joseph L. Savitz, III, 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 Christina J. Catoe, all of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.


Chief Justice TOAL:

Petitioners Raphael Hernandez, Honorio Guerrero, and Alfredo Avila-Arjona were convicted of trafficking marijuana and sentenced to twenty-five years imprisonment. The court of appeals affirmed Petitioners' convictions and sentences. State v. Hernandez, Op. No.2007-UP-183 (S.C. Ct.App. filed April 18, 2007). We granted a writ of certiorari to review that decision and now reverse.

FACTUAL/PROCEDURAL BACKGROUND

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