Simmons v. State

Finney, Justice:

This Court granted certiorari to review the circuit court’s denial of Petitioner John J. Simmons’ application for postcon-viction relief (PCR). After consideration of the record and applicable law, we now reverse and remand.

Petitioner was convicted for possession of marijuana with intént to distribute and trafficking in cocaine, for which he received concurrent sentences to imprisonment for five years and twenty-five years, respectively. On appeal, this Court affirmed petitioner’s convictions and sentences pursuant to South Carolina Supreme Court and Court of Appeals Rule 23.…