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2007-MO-011 - McCray 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


Anthony Lamont McCray, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal From Horry County
 Steven H. John, Circuit Court Judge


Memorandum Opinion No.2007-MO-011
Submitted January 18, 2007 – Filed February 20, 2007


REVERSED


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

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Daniel E. Grigg, of Columbia, for Respondent.


PER CURIAM: Reversed pursuant to Rule 220(b)(1), SCACR, and the following authority: Thomas v. State, 346 S.C. 140, 551 S.E.2d 254 (2001) (actual conflict of interest arose when the solicitor offered a plea bargain allowing the charge against one spouse to be dismissed if the other spouse pled guilty to trafficking the entire amount of cocaine).

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