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Hayes v. State

Court of Appeals of South Carolina

July 29, 2015

Norman J. Hayes, Petitioner,
v.
State of South Carolina, Respondent

Heard May 4, 2015.

Appeal From Lexington County. L. Casey Manning, Plea Judge. G. Thomas Cooper, Probation Revocation Judge. Edward W. Miller, Post-Conviction Relief Judge. Appellate Case No. 2012-209506.

Appellate Defender Laura Ruth Baer, of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson and Assistant Attorney General Daniel Francis Gourley, II, both of Columbia, for Respondent.

SHORT, J. LOCKEMY and MCDONALD, JJ., concur.

OPINION

Page 7

[413 S.C. 555] ON WRIT OF CERTIORARI

SHORT, J.:

Norman J. Hayes (Petitioner) appeals from the denial and dismissal of his application for post-conviction relief (PCR), arguing his sentence exceeded the maximum authorized by law because sentencing credit for time served was not properly applied by the South Carolina Department of Corrections (the Department). We reverse.

Page 8

I. BACKGROUND

In 2004, Petitioner pled guilty to possession of crack cocaine and criminal conspiracy. The trial judge sentenced Petitioner to five years' imprisonment, suspended to time served and three years' probation; ordered Petitioner to pay $225; and credited Petitioner with 240 days of time served.

Petitioner was subsequently charged with various probation violations, and on July 30, 2010, the probation revocation judge revoked his probation and reinstated his five-year suspended sentences. On rehearing, the probation revocation judge reduced the reinstated sentences to three years and terminated probation, noting Petitioner had previously served 240 days; thus, he would receive credit for the 240 days served. On September 27, 2011, Petitioner filed his application for PCR, alleging he was being unlawfully detained because the Department did not apply the 240 days to his reduced sentence.

Michael Stobbe, the branch chief of release and records management for the Department, testified at the PCR hearing. Stobbe stated Petitioner served 240 days of pretrial detention, and when his probation was revoked, the Department subtracted 240 days from five years, " which gave him a total sentence of four years and 125 days and an incarcerative sentence of four years and 125 days." When asked whether the Department ...


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