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STATE v. McGRIER

No. 26489.

378 S.C. 320 (2008)

663 S.E.2d 15

The STATE, Respondent, v. Leroy McGRIER # 2, Appellant.

Supreme Court of South Carolina.

Refiled June 23, 2008.

Attorney(s) appearing for the Case

Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, and Ernest Charles Grose, Jr., of Greenwood, for Appellant.

John Benjamin Aplin, of SC Department of Probation Parole and Pardon, of Columbia, for Respondent.

Justice BEATTY.

In this direct appeal, Leroy McGrier challenges the circuit court's order revoking six months for violating the conditions of the Community Supervision Program ("CSP"). McGrier contends the CSP statute, specifically section 24-21-560(D) of the South Carolina Code, is unconstitutional given a revocation from the CSP resulted in the imposition of a greater sentence than his original sentence without the benefit of the requisite constitutional protections...

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