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2012-UP-091 - State v. Salley

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. 

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Mike Tyrel Salley, Appellant.


Appeal From Aiken County
R. Ferrell Cothran, Circuit Court Judge


Unpublished Opinion No. 2012-UP-091  
Submitted February 1, 2012 – Filed February 22, 2012


AFFIRMED


Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark R. Farthing, all of Columbia; and Solicitor J. Strom Thurmond, Jr., of Aiken, for Respondent.

PER CURIAM:  Mike Tyrel Salley appeals his guilty plea to assault with intent to commit first-degree criminal sexual conduct with a minor, arguing the trial court erred in finding he was competent to stand trial.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Jeter v. State, 308 S.C. 230, 232, 417 S.E.2d 594, 596 (1992)  ("The test of competency to enter a plea is [that] . . . [t]he accused must have sufficient capability to consult with his lawyer with a reasonable degree of rational understanding and have a rational as well as factual understanding of the proceedings against him."); State v. Weik, 356 S.C. 76, 81, 587 S.E.2d 683, 685 (2002) ("The defendant bears the burden of proving his lack of competence by a preponderance of the evidence, and the trial [court]'s ruling will be upheld on appeal if supported by the evidence and not against its preponderance."). 

AFFIRMED.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.