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2008-MO-018 - Northrop v. State

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Jack L. Northrop, Respondent,

v.

State of South Carolina,


Appeal from Charleston County
Kenneth G. Goode, Circuit Court Judge


ON WRIT OF CERTIORARI


Memorandum Opinion No. 2008-MO-018
Submitted February 21, 2008 – Filed March 31, 2008


AFFIRMED


Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, for petitioner.

Assistant Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for respondent.


PER CURIAM:  Affirmed pursuant to Rule 220(b), SCACR, and the following authorities:  Smith v. State, 329 S.C. 280, 494 S.E.2d 626 (1997) (defendant is entitled to PCR if counsel actively misinforms the defendant about parole eligibility and the defendant can prove he relied on the misinformation in deciding to plead guilty); Cooper v. Moore, 351 S.C. 207, 569 S.E.2d 330 (2002) (in reviewing a grant of PCR, this Court is concerned only with whether there is any evidence of probative value to support the PCR court’s decision).

TOAL, C.J., MOORE, WALLER, PLEICONES and BEATTY, JJ., concur.