Murdock v. State

Chandler, Justice;

Petitioner Darrell E. Murdock (Murdock) pled guilty to possession of counterfeit LSD with intent to distribute and was sentenced to fifteen years. We vacate the plea and remand.

Murdock was originally indicted for possession with intent to distribute LSD pursuant to S.C. Code Ann. § 44-53-370(b)(1) (Supp. 1990). At the guilty plea proceeding, the indictment was amended to charge Murdock with possession of counterfeit LSD with intent to distribute pursuant to S.C. Code Ann. § 44-53-370(a)(2) (Supp. 1990). This amended indictment was not presented to the grand jury nor was…