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278 S.C. 47

Stepney v. State

Supreme Court of South Carolina

Decided May 24, 1982

Supreme Court of South Carolina · decided 1982-05-24

Cited by 2 later decisions — most recently May 1997

2 state decisions

Relies on State v. Shumate · Cummings v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-05-24

View the full empirical analysis of this case →

Per Curiam:

¶1The respondent was convicted of receiving stolen goods and given a five-year prison sentence suspended upon two years’ probation. While on probation, he pleaded guilty to temporary use of a vehicle without permission and was sentenced to nine months. Because of the offense, an arrest warrant was issued charging him with a probation violation. His probationary sentence was revoked after a hearing.

¶2The respondent then applied for post-conviction relief, alleging his revocation hearing violated due process requirements. The judge granted relief and ordered a new hearing. The State appeals.

¶3Errors in the probation revocation hearing should have been raised by the probationer on direct appeal. State v. Shumate, 276 S. C. 46, 275 S. E. (2d) 288 (1981). Alleged errors which may be reviewed on direct appeal may not be asserted for the first time in post-conviction proceedings. Cummings v. State, 274 S. C. 26, 260 S. E. (2d) 187 (1979).

¶4We conclude the matter was not properly before the post conviction hearing judge. Therefore we reverse the grant of post-conviction relief and reinstate the sentence.

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