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NELSON v. OZMINT

No. 26894.

390 S.C. 432 (2010)

702 S.E.2d 369

Kelvin NELSON, Petitioner, v. Jonathan E. OZMINT in his official capacity as Director of the South Carolina Department of Corrections, Respondent.

Supreme Court of South Carolina.

Decided November 22, 2010.

Attorney(s) appearing for the Case

Ernest Charles Grose, Jr. and Janna A. Nelson , both of Greenwood, for Petitioner.

Christopher D. Florian , of SC Department of Corrections, of Columbia, for Respondent.

Justice PLEICONES:

Petitioner pled guilty to criminal domestic violence, third or subsequent offense (CDV 3rd). Petitioner filed this action in the Court's original jurisdiction seeking a writ of mandamus directing respondent to apply good time and earned work credits to reduce the actual time petitioner must serve. We find inmates convicted of CDV 3rd are required to actually be imprisoned for a mandatory one-year minimum...

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