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2004-MO-033 - Pearson v. State

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE  CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Stacy A. Pearson,        Petitioner,

v.

State of South Carolina,        Respondent.


On Writ of Certiorari
Appeal From Spartanburg County
J. Derham Cole, Circuit Court Judge


Memorandum Opinion No. 2004-MO-033
Submitted June 23, 2004 - Filed June 28, 2004


REVERSED


Assistant Appellate Defender Aileen P. Clare, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Respondent.


PER CURIAM:  We granted a writ of certiorari to review the denial of Petitioner’s application for Post-Conviction Relief (PCR).  We reverse the denial of PCR pursuant to Rule 220(b), SCACR.  See State v. Arthur, 296, S.C. 495, 374 S.E.2d 291 (1988), modified in part, State v. Orr, 304 S.C. 185, 403 S.E.2d 623 (1991), rev’d in part on other grounds, State v. Torrence, 305 S.C. 45, 406 S.E.2d 315 (1991) (waiver of right to jury trial must be knowing and voluntary). 

REVERSED.

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.