State v. Branson

Full title: The State, Respondent, v. Tavario Dormell Branson, Appellant.

Court: STATE OF SOUTH CAROLINA In The Supreme Court

Date published: Mar 4, 2015

Appellate Case No. 2012-211593 (S.C. Mar. 4, 2015)

Opinion

Appellate Case No. 2012-211593 Memorandum Opinion No. 2015-MO-009

03-04-2015

The State, Respondent, v. Tavario Dormell Branson, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

JUSTICE PLEICONES

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Appeal from Florence County
William H. Seals, Jr., Circuit Court Judge

REVERSED

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

JUSTICE PLEICONES: Reversed pursuant to Rule 220(b)(1), SCACR, and the following authority: Aiken v. Byars, 410 S.C. 534, 765 S.E.2d 572 (2014). We stay this relief until all stays issued in Aiken are lifted.

REVERSED.

HEARN and BEATTY, JJ., concur. KITTREDGE, J., dissenting in a separate opinion in which TOAL, C.J., concurs.

JUSTICE KITTREDGE: I dissent. For the reasons set forth in the dissent of Chief Justice Toal in Aiken v. Byars, 410 S.C. 534, 765 S.E.2d 572 (2014), I would affirm Appellant's conviction and sentence.

TOAL, C.J. concurs.