Dalton v. State
| Decision Date | 18 December 2007 |
| Docket Number | No. 4323.,4323. |
| Citation | 654 S.E.2d 870 |
| Court | South Carolina Court of Appeals |
| Parties | Richard C. DALTON, Respondent, v. STATE of South Carolina, Petitioner. |
Lanelle C. Durant, of Columbia, for Respondent.
The post-conviction relief (PCR) court granted Richard C. Dalton's (Dalton) application for relief after finding his guilty plea was involuntary due to counsel's failure to interview witnesses. This court granted the State's petition to review the PCR court's decision. We reverse.1
Dalton was indicted for two counts of criminal sexual conduct with a minor second degree against two step-daughters, fifteen-year-old "Child A" and thirteen-year-old "Child B." Respondent was represented by appointed counsel. Concerning the charge involving Child A, Dalton pled guilty as indicted to one count of criminal sexual conduct with a minor second-degree on July 18, 2002. He waived presentment on the other charge involving Child B and pled guilty to one count of lewd act on a minor. Dalton was sentenced to: (1) twenty years for criminal sexual conduct with a minor second-degree, provided upon fifteen years the balance would be suspended with five years probation and (2) a concurrent term of fifteen years for lewd act on a minor.
At the guilty plea hearing, evidence of Dalton's guilt on the charge involving Child A was presented. The solicitor told the judge that Child A said Dalton fondled her, had sexual intercourse with her at least four times, and engaged in oral sex. The judge was informed that Child B reported Dalton fondled her and made some oral sexual contact. Dalton admitted to a Department of Social Services caseworker that he would "eat [Child A] out," but he denied having sex. Additionally, Dalton gave a statement to police confessing he did have sex with Child A. Dalton only disagreed with the length of time over which the events occurred.
Dalton's counsel at the plea hearing indicated he had explained to Dalton the charges, the possible punishment, his constitutional rights including his right to a jury trial, and his right to present the lewd act charge to a grand jury. Counsel said Dalton understood and wished to plead guilty. The plea court advised Dalton that by entering a guilty plea he would give up his constitutional rights to (1) remain silent and not be compelled to testify against himself; (2) be tried by a jury of peers or equals to which the State would be required to prove his guilt beyond a reasonable doubt; and (3) confront and cross-examine witnesses presented against him as well as his right to call witnesses in his own behalf.
Regarding the lewd act charge, the plea court explained it was not a lesser included offense of criminal sexual conduct second degree and it had not been presented to a grand jury. The court informed Dalton a grand jury could determine probable cause and a trial would follow, or the grand jury could return a no bill. The plea court asked:
Q: Do you understand that process?
. . .
After assuring Dalton understood the constitutional rights that he would be giving up by pleading guilty, the colloquy continued as follows:
The plea court asked Dalton whether he understood the recommended concurrent sentences were not binding and he could be sentenced to the maximum on both charges. Dalton answered affirmatively. The court continued:
. . .
Dalton's counsel informed the plea court Dalton intended to plead guilty to spare the victims from having to testify. He explained Dalton's only prior record was limited to minor traffic offenses, and he was working and taking care of his family when charged. The judge was told that Dalton had developed a crack habit in the time leading up to the charges and this legal trouble was out of the ordinary for him. The court accepted Dalton's guilty plea, finding it was voluntarily, knowingly and intelligently made, with the advice and counsel of a competent lawyer with whom Dalton was satisfied.
Dalton failed to timely file and serve his pro se direct appeal. On November 25, 2002, he filed an application for post-conviction relief alleging ineffective assistance of counsel and involuntary pleas. An evidentiary hearing was held on May 28, 2004, and relief was granted by a written order on February 11, 2005. Dalton's petition for appeal bond was denied by the South Carolina Supreme Court, and the State filed a petition for writ of certiorari. Jurisdiction was transferred to this court on February 15, 2006.
Did the PCR court err in finding that counsel was ineffective for failing to interview witnesses when Dalton pled guilty?
The proper standard of review of a post-conviction relief evidentiary hearing is whether "any evidence of probative value" exists to sustain the PCR judge's findings. Wicker v. State, 310 S.C. 8, 11, 425 S.E.2d 25, 27 (1992); Cherry v. State, 300 S.C. 115, 386 S.E.2d 624 (1989). In a PCR proceeding, the applicant bears the burden of proving the allegations in their application. Butler v. State, 286 S.C. 441, 442, 334 S.E.2d 813, 814 (1985); Rule 71.1(e), SCRCP.
Where ineffective assistance of counsel is alleged as a ground for relief, the applicant must prove that "counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied upon as having produced a just result." Strickland v. Washington, 466 U.S. 668, 669, 104 S.Ct. 2052, 80 L.Ed.2d 674, (1984); Butler v. State, 286 S.C. 441, 334 S.E.2d 813 (1985). The proper measure of performance is whether the attorney provided representation within the range of competence required in criminal cases. The courts presume that counsel rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment. Strickland, 466 U.S. at 690, 104 S.Ct. 2052. The applicant must overcome this presumption in order to receive relief. Cherry, 300 S.C. at 118, 386 S.E.2d at 625.
A two-pronged test is used in evaluating allegations of ineffective assistance of counsel. A PCR applicant who pleads guilty on the advice of counsel may collaterally attack the plea only by showing that (1) counsel was ineffective and (2) there is a reasonable probability that but for counsel's errors, the applicant would not have pled guilty and would have insisted on going to trial. Roscoe v. State, 345 S.C. 16, 20, 546 S.E.2d 417, 419 (2001). When alleging that his guilty plea was induced by ineffective assistance of counsel, an applicant must prove that counsel's advice was not "within the competence demanded of attorneys in criminal cases." Hill v. Lockhart, 474 U.S. 52, 56, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985).
Dalton argued his guilty plea was involuntary due to trial counsel's failure to interview witnesses before advising him to plead guilty. In the order granting Dalton's application for relief, the PCR court agreed and annunciated in its order:
Had applicant's trial counsel consulted with the witnesses given him by the applicant, there is reasonable probability that results of proceedings could have been different. As argued by Applicant, Trial Counsel's failure to interview any of the witnesses left this Applicant with no defense or evidence of mitigation at trial, effectively forcing him to throw himself upon the mercy of the court.
The Court finds Trial Counsel's argument that it was needless to interview witnesses due to Applicant's Statement is not convincing. Applicant's Statement did not address the charges comprising the lewd act, and was less conclusive on all elements of the CSC second degree charge. Applicant's witness who testified at the PCR Hearing called into question the credibility of the complaining witness and presented facts through which impeachment might have been obtained. Her testimony also presented other aspects of the events leading to the charges in a light...
To continue reading
Request your trial
-
Young v. Lewis
...the defendant had a full understanding of the consequences of his plea and the charges against him. Dalton v. State, 376 S.C. 130, 138, 654 S.E.2d 870, 874 (Ct. App. 2007) (citing Boykin v. Alabama, 395 U.S. 238, 242 (1969)). A defendant's knowing and voluntary waiver of statutory or consti......
-
Garren v. State, Appellate Case No. 2015-000756
...criminal inmate's right to contest the validity of such a plea is usually, but not invariably, foreclosed." Dalton v. State , 376 S.C. 130, 137, 654 S.E.2d 870, 874 (Ct. App. 2007) (citing Blackledge v. Allison , 431 U.S. 63, 74, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977) ). Indeed, where a thoro......
-
Pegues v. Kendall
... ... Kaymani D. West, United States Magistrate Judge ... William ... S. Pegues (“Petitioner”) is a state inmate who ... filed this petition for a writ of habeas corpus pursuant to ... 28 U.S.C. § 2254. This matter is before the court ... an Applicant presents valid reasons why he or she should be ... allowed to depart from the truth of his statements ... Dalton ... v. State , 376 S.C. 130, 137-38, 654 S.E.2d 870, 874 ... (Ct. App. 2007) (citing Crawford v. United States , ... 519 F.2d ... ...
-
Jeter v. State
...a guilty plea may be accomplished by colloquy between the Court and the defendant, between the Court and defendant's counsel, or both." Id. (quoting Pittman v. State, 337 597, 600, 524 S.E.2d 623, 625 (1999)). Here, the plea colloquy shows that Jeter's plea was freely and voluntarily made. ......