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SMITH v. STATE

No. 26773.

386 S.C. 562 (2010)

689 S.E.2d 629

Larry William SMITH, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided February 16, 2010.

Attorney(s) appearing for the Case

Desby Smith, of Lamar, and John Dennis Delgado, of Bluestein, Nichols, Thompson & Delgado, 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 Karen Ratigan, of Columbia, for Respondent.

Justice KITTREDGE:

We granted a writ of certiorari to review the denial of post-conviction relief. We reverse.

I.

In 2004, Petitioner Larry Smith was convicted of second-degree criminal sexual conduct (CSC) with a minor and contributing to the delinquency of a minor. Smith was sentenced to twelve years in prison. Smith's direct appeal challenged only the denial of his directed verdict motion. The court of appeals affirmed in an unpublished opinion...

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