Sibert 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

Ernest Sibert, Respondent,

v.

State of South Carolina, Petitioner.

ON WRIT OF CERTIORARI

Appeal From Greenville County
James E. Lockemy, Circuit Court Judge

Memorandum Opinion No.  2010-MO-001
Submitted December 2, 2009 Filed January 11, 2010 

DISMISSED AS IMPROVIDENTLY GRANTED

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Karen C. Ratigan, all of Columbia, for Petitioner.

Deputy Chief Wanda H. Carter, of South Carolina Commission on Indigent Defense, for Respondent.

PER CURIAM:  We granted the state's petition for a writ of certiorari to review the trial court's grant of Post-Conviction Relief (PCR) to Respondent, Ernest Berry Sibert.  The PCR court held Sibert was entitled to a new Drug Court termination hearing and a new sentencing on the charge of distribution of crack, 3rd offense.  We find the PCR court properly remanded for a new termination hearing and, accordingly, we dismiss the writ of certiorari as improvidently granted. 

DISMISSED AS IMPROVIDENTLY GRANTED. 

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