Christmas v. State

• Court: Supreme Court of South Carolina
• Decided: December 13, 2004
• Docket: 2004-MO-071
• Status: Unpublished

Opinion

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

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David C. Christmas, Respondent,

v.

State of South Carolina, Petitioner.

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ON WRIT OF CERTIORARI

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Appeal From Florence County
Paul M. Burch, Trial Judge
 B. Hicks Harwell, Jr., Post-Conviction Judge

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Memorandum Opinion No. 2004-MO-071
Submitted November 4, 2004 – Filed December 13, 2004

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VACATED

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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh,  Assistant Deputy Attorney General Salley Elliott, Assistant Attorney General Julie M. Thames, all of Columbia, for Petitioner.

Assistant Appellate Defender Robert M. Pachak, of Columbia, for Respondent.

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PER CURIAM:  Respondent was granted post-conviction relief (PCR) by the PCR court.  After careful review of the Appendix and the briefs, we vacate the grant of PCR.  See Al-Shabazz v. State of South Carolina, 338 S.C. 354, 527 S.E.2d 742 (2000); Cooper v. State of South Carolina, 338 S.C. 202, 525 S.E.2d 886 (2000).

VACATED.

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.