Hertzog v. State

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Jason Alan
Hertzog, Petitioner,

v.

State of South Carolina, Respondent.

ON WRIT OF CERTIORARI

Appeal From Horry County

Thomas Russo, Plea Judge

 Steven H. John, Post-Conviction Relief
Judge

Unpublished Opinion No. 2009-UP-015

Submitted January 2, 2009- Filed January
8, 2009   

REVERSED AND REMANDED

Appellate Defender Eleanor Duffy Cleary, of Columbia, for
Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General, John W. McIntosh, Assistant Deputy Attorney General, Salley W.
Elliott, Assistant Attorney General Christina J. Catoe, Office of the Attorney
General, all of Columbia, for Respondent.

PER CURIAM:  Upon agreement of the parties, the PCR court granted
belated review of Petitioner’s guilty plea in exchange for the dismissal of his
PCR allegations.  In his petition for writ of certiorari, he asks us to
consider his belated appeal.

We
find this case to be on all fours with the supreme court’s recent decision in Turner v. State, Op. No. 26569 (S.C.Sup.Ct. Filed December
8, 2008).  Accordingly, we grant the petition for writ of certiorari, dispense
with further briefing, reverse the order of the PCR court, and remand this
matter for an evidentiary hearing pursuant to Turner v. State. 

REVERSED AND
REMANDED.

HEARN,
C.J., SHORT and KONDUROS, JJ., concur.