Opinion
2013-UP-457
12-11-2013
Christopher Edward Strope, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2011-195228
Appellate Defender Breen Richard Stevens and Appellate Defender Benjamin John Tripp, both of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Karen Christine Ratigan, both of Columbia, for Respondent.
UNPUBLISHED OPINION
Submitted October 1, 2013
Appeal From Greenville County G. Edward Welmaker, Circuit Court Judge
Appellate Defender Breen Richard Stevens and Appellate Defender Benjamin John Tripp, both of Columbia, for Petitioner.
Attorney General Alan McCrory Wilson and Assistant Attorney General Karen Christine Ratigan, both of Columbia, for Respondent.
PER CURIAM
Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR).
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 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). We otherwise deny the petition for writ of certiorari.
Petitioner appeals his convictions of first-degree criminal sexual conduct (CSC) with a minor and second-degree CSC with a minor, arguing the trial court erred in allowing the State to ask a leading question to the minor victim. We affirm pursuant to Rule 220(b), SCACR, and the following authority: State v. McHoney, 344 S.C. 85, 99, 544 S.E.2d 30, 37 (2001) ("A leading question is one which suggests to the witness the desired answer . . . . In order to require reversal, [the] appellant must show an abuse of discretion resulting in prejudice." (quoting State v. Tyner, 273 S.C. 646, 653, 258 S.E.2d 559, 563 (1979))).
We decide this case without oral argument pursuant to Rule 215, SCACR.
HUFF, GEATHERS, and LOCKEMY, JJ., concur.