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SMITH v. STATE

No. 5194.

407 S.C. 270 (2014)

754 S.E.2d 900

Gerald SMITH, Petitioner, v. STATE of South Carolina, Respondent.

Court of Appeals of South Carolina.

Decided February 5, 2014.

Rehearing Denied March 21, 2014.

Attorney(s) appearing for the Case

Robert M. Pachak , of Columbia, for Petitioner.

Attorney General Alan Wilson , Assistant Deputy Attorney General David A. Spencer , Assistant Attorney General Megan Elizabeth Harrigan , all of Columbia, for Respondent.

ON WRIT OF CERTIORARI

WILLIAMS, J.

Petitioner Gerald Smith ("Smith") appeals the post-conviction relief (PCR) court's order denying his application for PCR based on ineffective assistance of counsel during his guilty plea. We reverse the PCR court's order, vacate Smith's sentence, and remand for resentencing.

FACTS/PROCEDURAL HISTORY

Smith was indicted for murder.1 Pursuant to a negotiated plea agreement, Smith...

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