James v. State

GOOLSBY, J.:

This is a PCR case. The petitioner Willie James contends his counsel was ineffective for not objecting to the State’s failure to provide written notice to him of its intention to seek a sentence of life imprisonment without parole as required by S.C.Code Ann. § 17-25-45(H) (2003). The trial court dismissed James’ petition. We reverse and remand for resentencing.

An indictment charged James with armed robbery. Because he had a prior aimed robbery conviction, the State sought to have him sentenced to life imprisonment without the possibility of parole pursuant to S.C.Code Ann. §…