Opinion
2017-MO-005
04-26-2017
Robert S. Horton, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2015-001608
Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Alicia A. Olive, both of Columbia, for Respondent.
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.
Submitted April 3, 2017
Appeal From Spartanburg County The Honorable J. Derham Cole, Circuit Court Judge The Honorable Roger L. Couch, Post-Conviction Relief Judge.
Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner.
Attorney General Alan Wilson and Assistant Attorney General Alicia A. Olive, both of Columbia, for Respondent.
PER CURIAM.
Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR).
We deny the petition on Petitioner's Question II. Because there is sufficient evidence to support the PCR judge's finding that petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant certiorari on petitioner's Question I and proceed with a review of the direct appeal issue pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986).
Petitioner's conviction and sentence are affirmed pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Boiter, 302 S.C. 381, 396 S.E.2d 364 (1990) (finding evidence of a prior false accusation of abuse by a complainant may be probative of the complainant's credibility if (1) made by the complainant, (2) demonstrated to be false, and (3) recent enough in time so as to be of sufficient probative value).
AFFIRMED.
BEATTY, C.J., KITTREDGE, HEARN, FEW and JAMES, JJ., concur.