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MOULTRIE v. STATE

No. 25672.

354 S.C. 646 (2003)

583 S.E.2d 436

Walter MOULTRIE, III, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided June 30, 2003.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, of Columbia, for petitioner.

Harry L. DeVoe, Jr., of New Zion, for respondent.

ON WRIT OF CERTIORARI

JUSTICE MOORE:

Respondent was convicted of first degree criminal sexual conduct with a minor (CSCM) and sentenced to eighteen years. His conviction was affirmed on appeal to the Court of Appeals by memorandum decision. Respondent then brought this action for post-conviction relief (PCR) which was granted. We reverse.

FACTS

Respondent was charged with CSCM for digitally penetrating his six-year-old niece's vagina and...

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