Davis v. State, 21206
| Decision Date | 24 April 1980 |
| Docket Number | No. 21206,21206 |
| Citation | 274 S.C. 549,265 S.E.2d 679 |
| Parties | Jerry Edwin DAVIS, Respondent, v. STATE of South Carolina, Appellant. |
| Court | South Carolina Supreme Court |
Atty. Gen., Daniel R. McLeod, Asst. Atty. Gen., William K. Moore, and Staff Atty., Corinne G. Russell, Columbia, for appellant.
Chief Atty. John L. Sweeney and Staff Atty. Tara D. Shurling, S.C. Appellate Defense Commission, Columbia, for respondent.
Respondent plead guilty to four counts of receiving stolen goods. Upon denial of request to withdraw the guilty plea, the presiding judge imposed sentence as follows:
Indictment # 761 (possession of tune-up testor and tool box with assorted tools) ten (10) years, suspended upon service of six (6) years, payment of $5,000 fine and $3,000 restitution. Probation to follow for five (5) years.
Indictment # 772 (possession of one tool box) ten (10) years, suspended upon service of six (6) years and $3,000 restitution. Sentence concurrent to Indictment # 761.
Indictment # 773 (possession of one 1976 Blazer Chevrolet Truck) ten (10) years, suspended, concurrent to other sentence.
Indictment # 771 (possession of one 1975 Bulldozer) "a like sentence."
Sentences consecutive to terms previously imposed with special condition that respondent be denied pre-release under any circumstances.
Upon hearing application for Post-Conviction Relief, the court below found prohibition of pre-release employment beyond the power of the sentencing judge and, in addition, held refusal to permit withdrawal of the guilty plea a violation of the constitutional right to trial by jury. The State appeals the grant of new trial.
On appeal from an order granting Post-Conviction Relief, this Court must determine whether there is any evidence to support the hearing court's findings of fact. Chasteen v. State (S.C.) 262 S.E.2d 880, 1980. Review of the records of the guilty plea and Post-Conviction Relief hearings confirms that the court scrupulously adhered to the principles of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), in finding respondent's plea voluntary and intelligent. Examination of testimony cited as necessitating a new trial, however, reveals that respondent never denied knowingly receiving stolen goods, only that he acquired as yet unproduced bills of sale for the items. Contrary to the findings of the Post-Conviction judge, there is no evidence that respondent, "by his own statement has indicated the absence of an...
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...evidence" of probative value to support the court's finding of facts is sufficient to uphold those findings on appeal. Davis v. State, 274 S.C. 549, 265 S.E.2d 679 (1980); Greene v. State, S.C., 277 S.E.2d 481 The trial court held the thirty-eight page brief filed on direct appeal to be eff......
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Quillian v. Evatt
...has discretion whether to allow an inmate even to participate in a work release program.") (emphasis added); cf. Davis v. State, 274 S.C. 549, 265 S.E.2d 679 (1980) (Board, rather than sentencing judge, is to "determine" a prisoner's eligibility under § 24-3-20). Contrary to the appellant's......
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Beckett v. State, 21766
...ample evidence on the record for the judge to have found appellant received effective assistance of counsel. Davis v. State, 274 S.C. 549, 265 S.E.2d 679 (1980). Further, in an ineffective assistance of counsel case, the petitioner has the burden of showing that counsel's actions or omissio......
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Daniel v. State, 22133
...grounds. This court must affirm the ruling of the PCR judge if there is any evidence to support his decision. Davis v. State, 274 S.C. 549, 550, 265 S.E.2d 679, 680 (1980). On a request for PCR based on ineffective assistance of counsel, the petitioner has the burden of proving that the all......