Hopkins v. State

Waller, Justice:

This Court granted certiorari to review the denial of post-conviction relief (PCR) to Petitioner Alton Hopkins. We reverse and remand.

FACTS

Petitioner was indicted on two counts of felony DUI causing great bodily injury, pursuant to S.C. Code Ann. § 56-5-2945 (1991). At trial, before petitioner’s plea and without objection from defense counsel, the trial court permitted the State to amend the indictment to allege two counts of felony DUI causing death. Presentment was not waived. Petitioner then pled guilty and was sentenced to concurrent twenty-year terms of imprisonment. No…