Clayton v. State

Harwell, Justice:

Appellant alleges the trial court erred in dismissing without prejudice his application for post conviction relief. We disagree and affirm.

In May 1978, appellant was indicted for murder in Spartan-burg County. Five months later, a federal district court jury in Greenville County found appellant guilty of an unrelated federal offense of bank robbery. He received a twenty-five year prison sentence. On July 19, 1979, at appellant’s scheduled trial for the Spartanburg murder charge, he entered into a negotiated plea of guilty to voluntary manslaughter. He received a twenty-four…