Hayes v. State

Norman J. Hayes (Petitioner) appeals from the denial and dismissal of his application for post-conviction relief (PCR), arguing his sentence exceeded the maximum authorized by law because sentencing credit for time served was not properly applied by the South Carolina Department of Corrections (the Department). We reverse.

I. BACKGROUND

In 2004, Petitioner pled guilty to possession of crack cocaine and criminal conspiracy. The trial judge sentenced Petitioner to five years’ imprisonment, suspended to time served and three years’ probation; ordered Petitioner to pay $225; and credited Petitioner…