Opinion
Appellate Case No. 2010-156608 Unpublished Opinion No. 2013-UP-441
11-27-2013
Antonio Moore, Petitioner, v. State of South Carolina, Respondent.
Deputy Chief Appellate Defender Wanda Carter, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General J. Rutledge Johnson, and Assistant Attorney General Joshua L. Thomas, all 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.
Appeal From York County
Brooks P. Goldsmith, Circuit Court Judge
AFFIRMED
Deputy Chief Appellate Defender Wanda Carter, of Columbia, for Petitioner.
Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General J. Rutledge Johnson, and Assistant Attorney General Joshua L. Thomas, all of Columbia, for Respondent. PER CURIAM: This appeal arises out of the denial of Petitioner Antonio Moore's application for post-conviction relief (PCR). On appeal, Moore argues the PCR court erred by failing to find the State breached the plea agreement when it requested a greater sentence than agreed to in the plea agreement. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: Dempsey v. State, 363 S.C. 365, 368, 610 S.E.2d 812, 814 (2005) ("This Court gives great deference to the [PCR] court's findings of fact and conclusions of law."); Smith v. State, 369 S.C. 135, 138, 631 S.E.2d 260, 261 (2006) ("In reviewing the PCR court's decision, this Court is concerned only with whether there is any evidence of probative value to support that decision."); Suber v. State, 371 S.C. 554, 558-59, 640 S.E.2d 884, 886 (2007) (noting the court will uphold the findings of the PCR court when there is any evidence of probative value to support them and will reverse when the decision is controlled by an error of law).