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2009-MO-012 - State v. McKenzie

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


State of South Carolina, Petitioner,

v.

Frank McKenzie, Respondent.


ON WRIT OF CERTIORARI


Appeal From Richland County
 James R. Barber, Circuit Court Judge


Memorandum Opinion No.  2009-MO-012
Submitted February 19, 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, Assistant Attorney General Brian T. Petrano, 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[1] to review an order granting respondent post-conviction relief (PCR) and now reverse, finding no evidence in the record to support the PCR court’s findings that respondent’s plea counsel was ineffective.  Pierce v. State, 338 S.C. 139, 144-45, 526 S.E.2d 222, 224-25 (2000) (setting forth the analytical framework for establishing ineffective assistance of counsel and noting that when “no probative evidence” supports the PCR court’s ruling it will not be upheld). 

REVERSED.

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


[1]  McKenzie pleaded guilty to charges from both Lexington and Richland County.  The PCR Court granted relief on all charges and the State petitioned this Court for a writ of certiorari.  We denied the petition as to the Lexington County charges.  This opinion concerns only the Richland County charge.