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ODOM v. STATE

No. 25490.

350 S.C. 300 (2002)

566 S.E.2d 528

Maurice Anthony ODOM, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided July 1, 2002.

Attorney(s) appearing for the Case

Senior Assistant Appellate Defender Wanda H. Haile, of S.C. Office of Appellate Defense, of Columbia, for petitioner.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General Kenneth P. Woodington, all of Columbia, for respondent.

MOORE, Justice:

We granted a writ of certiorari in this post-conviction relief (PCR) case1 to consider whether an oral waiver of presentment is sufficient to bestow subject matter jurisdiction on the trial court. We find it is not and reverse the denial of PCR.

FACTS

Petitioner Odom pled guilty to second degree criminal sexual conduct with a minor. At the plea hearing, the Solicitor alerted the trial judge that the indictment...

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