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2008-MO-021 - Small v. State

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Clarence Small, Petitioner,

v.

State of South Carolina, Respondent.


Appeal from Aiken County
Doyet A. Early,III, Circuit Court Judge


ON WRIT OF CERTIORARI


Memorandum Opinion No. 2008-MO-021
Submitted April 1, 2008 – Filed May 12, 2008   


AFFIRMED


Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense Division of Appellate Defense, of Columbia, for petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley Elliott, and Assistant Attorney General Lance S. Boozer, of Columbia, for respondent.


PER CURIAM:  Affirmed pursuant to Rule 220(b), SCACR,  and the following authority:  Suber v. State, 371 S.C. 554, 640 S.E.2d 884 (2007) (this Court will uphold findings of the PCR judge when there is any evidence of probative value to support them); Jackson v. State, 329 S.C. 345, 495 S.E.2d 768 (1998) (relief denied because no prejudice resulted from failure to call witnesses where no additional information would have been supplied).

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