Weinhauer v. State

TOAL, Acting Chief Justice:

In this application for post-conviction relief (“PCR”), the PCR court dismissed petitioner’s case. We reverse.

Factual/Procedural Background

On January 4, 1994, a Sumter County grand jury indicted petitioner Raymond Weinhauer, Jr., for numerous criminal offenses including first and second degree burglary. On January 28,1994, petitioner pleaded guilty to several counts in the indictment including two counts of second degree burglary.

Count six of the indictment, as presented to the grand jury, stated:

Burglary — First Degree — That one RAYMOND WARREN WEINHAUER, JR. did…