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2009-MO-015 - Dabash 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

Uri Dabash, Respondent,

v.

State of South Carolina, Petitioner.


ON WRIT OF CERTIORARI


Appeal From Horry County
Michael J. Baxley, Post-Conviction Relief Judge


Memorandum Opinion No.  2009-MO-015
Submitted March 18, 2009 – Filed March 23, 2009


REVERSED


Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Sally W. Elliot, and Assistant Attorney General Christina J. Catoe, all of the Office of the Attorney General, of Columbia, for Petitioner.

Tricia A. Blanchette, of Columbia, for Respondent.


PER CURIAM:  The State seeks a writ of certiorari to review the order of the circuit court granting respondent’s application for post-conviction relief (PCR).  We grant the State’s petition, dispense with further briefing, and reverse. 

The PCR judge relied on S.C. Code Ann. § 17-27-45(C) (2003) and Coats v. State, 352 S.C. 500, 575 S.E.2d 557 (2003) in finding respondent’s PCR application was not time-barred.  However, we find respondent’s PCR application was time-barred under § 17-27-45(C).

Because the PCR judge erred in finding respondent’s PCR application was not time-barred, we reverse the decision of the PCR judge.

REVERSED.

TOAL, C.J., WALLER, PLEICONES, BEATTY and KITTREDGE, JJ., concur.