Simmons v. State

BURNETT, Justice:

This Court granted certiorari to review the denial of petitioner’s application for post-conviction relief (PCR). We reverse.

FACTS

Petitioner was convicted of first degree burglary and two counts of assault and battery of a high and aggravated nature (ABHAN). The jury did not recommend mercy on the burgla ry charge, 1 and petitioner was sentenced to life imprisonment for the burglary and ten years imprisonment for each ABHAN. His convictions and sentences were affirmed on direct appeal. State v. Simmons, Op. No. 87-MO-276 (S.C.Sup.Ct. filed June 8, 1987).

Petitioner filed an…