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2009-MO-033 - Leonard 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 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Tony Leonard, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal From Richland County
 G. Thomas Cooper, Jr., Circuit Court Judge


Memorandum Opinion No.  2009-MO-033
Submitted June 24, 2009 – Filed June 29, 2009 


REVERSED


C. Rauch Wise, of Greenwood, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Brian T. Petrano, all of Columbia, for Respondent.


PER CURIAM:  We granted Tony Leonard’s petition to review an order denying post-conviction relief (PCR) and now reverse, finding no evidence in the record to support the PCR court’s denial of relief.  Sellers v. State, 362 S.C. 182, 187-88, 607 S.E.2d 82, 84-85 (2005) (setting forth the analytical framework for establishing ineffective assistance of counsel and noting that when “no probative evidence” supports the PCR court’s ruling it will not be upheld).

REVERSED.

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