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2012-MO-005 - Blash 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


Eddie Blash, Jr., Petitioner,

v.

State of South Carolina, Respondent.


ON WRIT OF CERTIORARI


Appeal from Florence County
Thomas Russo, Circuit Court Judge


Memorandum Opinion No.  2012-MO-005
Heard March 6, 2012 – Filed March 28, 2012 


REVERSED AND REMANDED


Appellate Defender Kathrine H. Hudgins, 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:  We granted petitioner's request for a writ of certiorari to review his direct appeal.  See White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974).  Petitioner challenges his sentence, alleging it was imposed in violation of his constitutional rights.  We agree.  See Mitchell v. United States, 526 U.S. 314 (1999).  Accordingly, appellant's sentence is reversed, and the matter remanded for resentencing.

REVERSED AND REMANDED.

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