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2011-MO-033 - Jones 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


Demetrius Jones, Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal From Marion County
Benjamin H. Culbertson, Circuit Court Judge


Memorandum Opinion No.  2011-MO-033
Submitted November 16, 2011 - Filed November 28, 2011 


DISMISSED AS IMPROVIDENTLY GRANTED


Appellate Defender LaNelle C. DuRant, of the South Carolina Commission on Indigent Defense, of Columbia, for Petitioner.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General David Spencer, all of Columbia, for Respondent.


PER CURIAM:  Demetrius Jones pled guilty to voluntary manslaughter, armed robbery, and assault and battery of a high and aggravated nature (ABHAN).  He was sentenced to twenty-five years' imprisonment for voluntary manslaughter and armed robbery, respectively, and to ten years' imprisonment for ABHAN.  The sentences were to be served concurrently.  No direct appeal was taken.  Jones filed an application for post-conviction relief (PCR) in which he claimed his plea counsel had an actual conflict of interest as he simultaneously represented another co-defendant on the same charges.  This Court granted Jones's petition for a writ of certiorari to review a circuit court order denying his PCR application.  We now dismiss the writ of certiorari as improvidently granted.

DISMISSED.

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