Ray v. State, No. 23332
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | TOAL; GREGORY |
| Citation | 401 S.E.2d 151,303 S.C. 374 |
| Parties | Christopher RAY, Petitioner, v. STATE of South Carolina, Respondent. |
| Decision Date | 04 February 1991 |
| Docket Number | No. 23332 |
Page 151
v.
STATE of South Carolina, Respondent.
Decided Feb. 4, 1991.
Page 152
Assistant Appellate Defender Robert M. Pachak, of S.C. Office of Appellate Defense, Columbia, for petitioner.
[303 S.C. 375] Attorney General T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, and Asst. Atty. Gen., Marshall Prince, Columbia, for respondent.
TOAL, Justice:
This case involves whether the petitioner's guilty plea to armed robbery was intelligently and voluntarily made. We granted the petition for writ of certiorari after the petitioner's application for post-conviction relief was denied. We now reverse and remand for a new trial.
The petitioner Christopher Ray (Ray) was indicted for grand larceny, second degree burglary, and two counts of armed robbery. On September 30, 1987, Ray pled guilty under North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970) to burglary, third degree, and armed robbery. Judge Luke Brown accepted the pleas and sentenced Ray to five years imprisonment for third degree burglary and twenty years for armed robbery, with the sentences to run concurrently.
Ray sought post-conviction relief to set aside his guilty plea on the armed robbery charge, contending his defense counsel on that charge was ineffective since she erroneously advised him he would be subject to a sentence of life without parole under the Omnibus Crime Act 1 if he went to trial and was convicted of the two armed robbery charges. The State agrees the advice given was erroneous.
Ray stated the overriding factor in his pleading guilty to the single armed robbery charge was the spectre of the life without parole sentence. Ray further stated at his PCR hearing that he would not have pled guilty absent the erroneous advice. Ray's defense counsel admitted she was in error but cited her hurried reading of the applicable statutes in light of the solicitor's short-time offer to forego prosecuting [303 S.C. 376] Ray on all charges in exchange for a guilty plea on one armed robbery count. 2
LAW/ANALYSIS
The test for determining the validity of a guilty plea is: (1) whether counsel's advice was within the range of competence demanded of attorneys in criminal cases; and (2) whether there is a reasonable probability that, but for counsel's errors, the defendant would not have pled guilty. Hill v. Lockhart, ...
To continue reading
Request your trial
-
Roscoe v. State, No. 25287.
...sentencing information is thereby rendered involuntary. See Alexander v. State, 303 S.C. 539, 402 S.E.2d 484 (1991); Ray v. State, 303 S.C. 374, 401 S.E.2d 151 (1991); Hinson v. State, 297 S.C. 456, 377 S.E.2d 338 (1989). In each of these cases, however, there was evidence supporting a find......
-
State v. Ray, No. 23796
...on the part of the trial judge or erroneous advice of counsel. See Brown v. State, --- S.C. ----, 412 S.E.2d 399 (1991); and Ray v. State, 303 S.C. 374, 401 S.E.2d 151...
-
Carter v. State, No. 24750
...errors, the defendant would not have pled guilty. Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985); Ray v. State, 303 S.C. 374, 401 S.E.2d 151 (1991); Hinson v. State, 297 S.C. 456, 377 S.E.2d 338 (1989). "A defendant who pleads guilty upon the advice of counsel may ......
-
Lee v. Florence County School Dist. Three, No. 23330
...given concerning whether Ms. Lee's problems were caused by exposure to the cleanser. The jury returned a verdict for the school district. [303 S.C. 374] Comparative Negligence Ms. Lee contends that this Court should adopt the doctrine of comparative negligence. This issue was recently addre......
-
Roscoe v. State, No. 25287.
...sentencing information is thereby rendered involuntary. See Alexander v. State, 303 S.C. 539, 402 S.E.2d 484 (1991); Ray v. State, 303 S.C. 374, 401 S.E.2d 151 (1991); Hinson v. State, 297 S.C. 456, 377 S.E.2d 338 (1989). In each of these cases, however, there was evidence supporting a find......
-
State v. Ray, No. 23796
...on the part of the trial judge or erroneous advice of counsel. See Brown v. State, --- S.C. ----, 412 S.E.2d 399 (1991); and Ray v. State, 303 S.C. 374, 401 S.E.2d 151...
-
Carter v. State, No. 24750
...errors, the defendant would not have pled guilty. Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985); Ray v. State, 303 S.C. 374, 401 S.E.2d 151 (1991); Hinson v. State, 297 S.C. 456, 377 S.E.2d 338 (1989). "A defendant who pleads guilty upon the advice of counsel may only ......
-
Lee v. Florence County School Dist. Three, No. 23330
...given concerning whether Ms. Lee's problems were caused by exposure to the cleanser. The jury returned a verdict for the school district. [303 S.C. 374] Comparative Negligence Ms. Lee contends that this Court should adopt the doctrine of comparative negligence. This issue was recently addre......