Wertz v. State

Justice MOORE:

We granted this petition for a writ of certiorari to determine if the post-conviction relief (PCR) court erred by denying petitioner’s PCR application. We reverse.

PROCEDURAL FACTS

Petitioner was convicted of second degree burglary. He was acquitted of grand larceny and possession of a firearm during the commission of a violent crime. His conviction and sentence were affirmed on direct appeal by the Court of Appeals. State v. Wertz, Op. No. 98-UP-099 (S.C. Ct.App. filed February 19, 1998).

After a hearing, petitioner’s PCR application was denied. We granted in part and denied in…