Carter v. State

Petitioner seeks a writ of certiorari from an order of the circuit court dismissing his application for post-conviction relief (PCR) without prejudice. We grant the petition, dispense with further briefing, and affirm.

Petitioner is incarcerated in a federal prison. Because petitioner was not incarcerated in this State at the time of his PCR application, the application was dismissed without prejudice to his right to apply for PCR when he is incarcerated in a State facility. See Clayton v. State, 278 S.C. 655, 301 S.E.2d 133 (1983) (PCR application is properly dismissed when the applicant is…