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Robinson v. State

Court of Appeals of South Carolina
Jun 24, 2015
2015-UP-299 (S.C. Ct. App. Jun. 24, 2015)

Opinion

2015-UP-299

06-24-2015

Troy Robinson, Respondent, v. State of South Carolina, Petitioner. Appellate Case No. 2011-198349

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General David A. Spencer, all of Columbia, for Petitioner. Appellate Defender Robert M. Pachak and Appellate Defender Benjamin John Tripp, both of Columbia, for Respondent.


UNPUBLISHED OPINION

Heard April 14, 2015

Appeal From Bamberg County Doyet A. Early, III, Plea Judge James R. Barber, III, Post-Conviction Relief Judge

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General David A. Spencer, all of Columbia, for Petitioner.

Appellate Defender Robert M. Pachak and Appellate Defender Benjamin John Tripp, both of Columbia, for Respondent.

ON WRIT OF CERTIORARI

PER CURIAM

The State appeals the order of the circuit court granting Troy Robinson post-conviction relief (PCR). We find the circuit court erred in holding Robinson was prejudiced by plea counsel's allegedly deficient performance. See Terry v. State, 383 S.C. 361, 370, 680 S.E.2d 277, 282 (2009) (providing a PCR applicant has the burden of establishing he is entitled to relief); Stalk v. State, 383 S.C. 559, 562, 681 S.E.2d 592, 594 (2009) ("'[The prejudice requirement] focuses on whether counsel's constitutionally ineffective performance affected the outcome of the plea process. In other words, in order to satisfy the prejudice requirement, the defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial.'" (quoting Hill v. Lockhart, 474 U.S. 52, 59 (1985)) (internal quotation marks omitted)).

REVERSED.

THOMAS, KONDUROS, and GEATHERS, JJ., concur.


Summaries of

Robinson v. State

Court of Appeals of South Carolina
Jun 24, 2015
2015-UP-299 (S.C. Ct. App. Jun. 24, 2015)
Case details for

Robinson v. State

Case Details

Full title:Troy Robinson, Respondent, v. State of South Carolina, Petitioner…

Court:Court of Appeals of South Carolina

Date published: Jun 24, 2015

Citations

2015-UP-299 (S.C. Ct. App. Jun. 24, 2015)