1. Home
  2. Browse Decisions
  3. S.C.
  4. 386 S.C.
  5. 386 S.C. 164 (2009)
 

DERVIN v. STATE

No. 26755.

386 S.C. 164 (2009)

687 S.E.2d 712

Gina L. DERVIN, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided December 21, 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, Assistant Attorney General Brian T. Petrano, all of Columbia, for Respondent.

Justice WALLER:

We granted a writ of certiorari to perform an Austin v. State review of the denial of Petitioner Gina Dervin's application for post conviction relief (PCR). We reverse and remand for resentencing.

FACTS

Dervin was indicted for trafficking cocaine. The indictment alleged she had trafficked between 200-400 grams of cocaine. During her trial, the court twice instructed the jury that Dervin could be convicted of trafficking if...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases