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2009-UP-015 - Hertzog 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 Court of Appeals

Jason Alan Hertzog, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal From Horry County
Thomas Russo, Plea Judge
 Steven H. John, Post-Conviction Relief Judge


Unpublished Opinion No. 2009-UP-015
Submitted January 2, 2009- Filed January 8, 2009   


REVERSED AND REMANDED


Appellate Defender Eleanor Duffy Cleary, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General, John W. McIntosh, Assistant Deputy Attorney General, Salley W. Elliott, Assistant Attorney General Christina J. Catoe, Office of the Attorney General, all of Columbia, for Respondent.

PER CURIAM:  Upon agreement of the parties, the PCR court granted belated review of Petitioner’s guilty plea in exchange for the dismissal of his PCR allegations.  In his petition for writ of certiorari, he asks us to consider his belated appeal.

We find this case to be on all fours with the supreme court’s recent decision in Turner v. State, Op. No. 26569 (S.C.Sup.Ct. Filed December 8, 2008).  Accordingly, we grant the petition for writ of certiorari, dispense with further briefing, reverse the order of the PCR court, and remand this matter for an evidentiary hearing pursuant to Turner v. State

REVERSED AND REMANDED.

HEARN, C.J., SHORT and KONDUROS, JJ., concur.