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2009-MO-008 - Jones 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


David Jones, Respondent,

v.

State of South Carolina, Petitioner.


ON WRIT OF CERTIORARI


Appeal from Pickens County
 Larry R. Patterson, Post-Conviction Judge


Memorandum Opinion No.  2009-MO-008
Submitted January 22, 2009 – Filed February 23, 2009 


REVERSED


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

Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Respondent.


PER CURIAM:  We granted the State’s petition to review an order granting respondent post-conviction relief (PCR) and now reverse, finding no evidence in the record to support the PCR judge’s findings that respondent’s trial attorney was ineffective.  Miller v. State, 379 S.C. 108, 665 S.E.2d 596 (2008) (standards for ineffective assistance of counsel and for appellate review).

REVERSED.

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