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State v. Salley

THE STATE OF SOUTH CAROLINA In The Court of Appeals
Feb 22, 2012
Unpublished Opinion No. 2012-UP-091   (S.C. Ct. App. Feb. 22, 2012)

Opinion

2012-UP-091

02-22-2012

The State, Respondent, v. Mike Tyrel Salley, Appellant.

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark R. Farthing, all of Columbia; and Solicitor J. Strom Thurmond, Jr., of Aiken, for Respondent.


UNPUBLISHED OPINION

Submitted February 1, 2012

Appeal From Aiken County, R. Ferrell Cothran, Circuit Court Judge

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark R. Farthing, all of Columbia; and Solicitor J. Strom Thurmond, Jr., of Aiken, for Respondent.

PER CURIAM

Mike Tyrel Salley appeals his guilty plea to assault with intent to commit first-degree criminal sexual conduct with a minor, arguing the trial court erred in finding he was competent to stand trial. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: Jeter v. State, 308 S.C. 230, 232, 417 S.E.2d 594, 596 (1992) ("The test of competency to enter a plea is [that]... [t]he accused must have sufficient capability to consult with his lawyer with a reasonable degree of rational understanding and have a rational as well as factual understanding of the proceedings against him."); State v. Weik, 356 S.C. 76, 81, 587 S.E.2d 683, 685 (2002) ("The defendant bears the burden of proving his lack of competence by a preponderance of the evidence, and the trial [court]'s ruling will be upheld on appeal if supported by the evidence and not against its preponderance.").

We decide this case without oral argument pursuant to Rule 215, SCACR.

AFFIRMED.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.


Summaries of

State v. Salley

THE STATE OF SOUTH CAROLINA In The Court of Appeals
Feb 22, 2012
Unpublished Opinion No. 2012-UP-091   (S.C. Ct. App. Feb. 22, 2012)
Case details for

State v. Salley

Case Details

Full title:The State, Respondent, v. Mike Tyrel Salley, Appellant.

Court:THE STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Feb 22, 2012

Citations

Unpublished Opinion No. 2012-UP-091   (S.C. Ct. App. Feb. 22, 2012)

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