Richardson v. State, No. 23785

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtHARWELL
Citation426 S.E.2d 795,310 S.C. 360
PartiesEzzard Cy RICHARDSON, Respondent, v. STATE of South Carolina, Petitioner.
Decision Date01 February 1993
Docket NumberNo. 23785

Page 795

426 S.E.2d 795
310 S.C. 360
Ezzard Cy RICHARDSON, Respondent,
v.
STATE of South Carolina, Petitioner.
No. 23785.
Supreme Court of South Carolina.
Submitted Nov. 17, 1992.
Decided Feb. 1, 1993.

Page 796

[310 S.C. 361] Atty. Gen. T. Travis Medlock, Chief Deputy Attys. Gen. Donald J. Zelenka and Joseph D. Shine, Asst. Atty. Gen., Delbert H. Singleton, Jr., and Staff Atty., Teresa A. Knox, Columbia, for petitioner.

Chief Atty. Daniel T. Stacey, of the South Carolina Office of Appellate Defense, Columbia, for respondent.

HARWELL, Chief Justice:

We granted the State's petition for writ of certiorari to review the reversal of Ezzard Cy Richardson's (Richardson) guilty plea by the post-conviction relief (PCR) judge. The State contends that Richardson entered his guilty plea knowingly and voluntarily with effective assistance of counsel. We agree and reverse.

I. FACTS

Richardson was charged with criminal sexual conduct with [310 S.C. 362] a minor pursuant to S.C.Code Ann. § 16-3-655(3) (1985), punishable by twenty years imprisonment, and kidnapping. The solicitor erroneously believed that section 16-3-655(3) comprised third degree criminal sexual conduct, punishable by ten years imprisonment. Based on this misinterpretation, the solicitor offered a plea bargain whereby Richardson would plead guilty to "criminal sexual conduct with a minor, third degree" in exchange for dismissal of the kidnapping charge, which at the time carried a mandatory life sentence. See S.C.Code Ann. § 16-3-910 (1985).

Richardson's trial counsel was aware that section 16-3-655(3) comprised second degree criminal sexual conduct and that the crime identified by the solicitor did not exist. However, trial counsel did not correct the solicitor's mistaken interpretation of section 16-3-655(3) for fear of prejudicing his client.

At the plea hearing, the trial judge properly determined that section 16-3-655(3) authorized a maximum imprisonment of twenty years. The solicitor and trial counsel renegotiated the plea, and the solicitor offered to dismiss the kidnapping charge and recommend a ten year sentence cap in exchange for Richardson's guilty plea. Richardson accepted the amended plea bargain.

The trial judge rejected the solicitor's recommendation and imposed a fifteen year sentence. Richardson filed for post-conviction relief, claiming that his guilty plea was not entered with effective assistance of counsel. The PCR judge found that the plea hearing was a...

To continue reading

Request your trial
13 practice notes
  • Al-Shabazz v. State, No. 24995.
    • United States
    • United States State Supreme Court of South Carolina
    • August 23, 1999
    ...absent a claim of ineffective assistance of counsel); Hyman v. State, 278 S.C. 501, 299 S.E.2d 330 (1983) (same); Richardson v. State, 310 S.C. 360, 363, 426 S.E.2d 795, 797 (1993) (explaining that defendant who pleads guilty upon advice of counsel may only attack the voluntary and intellig......
  • Cabbagestalk v. McFadden, No.: 5:14-cv-03771-RMG-KDW
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • June 8, 2015
    ...but would have insisted on going to [or continuing with] trial. Roscoe v. State, 345 S.C.16, 546 S.E.2d 417 (2001); Richardson v. State, 310 S.C. 360, 426 S.E.2d 795 (1993).Given Applicant's burden of proof and the analysis to be applied to this claim, the Applicant's alternative claim of i......
  • Dunn v. Bush, Civil Action No.:2:14-02277-RMG-MGB
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • February 18, 2015
    ...not have pled guilty, but would have insisted on going to trial, Roscoe v. State, 345 S.C. 16, 546 S.E.2d 417 (2001); Richardson v. State, 310 S.C. 360, 426 S.E.2d 795 (1993). Given Applicant's burden of proof and the analysis to be applied to this claim, the Applicant's claim of involuntar......
  • Hansen v. Warden, Wateree River Corr. Inst., Civil Action No. 6:11-2670-RMG-KFM
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • July 27, 2012
    ...guilty, but would have insisted on going to trial (App. 130 (citing Roscoe v. State, 546 S.E.2d 417 (S.C. 2001) and Richardson v. State, 426 S.E.2d 795 (S.C. 1993)). During the PCR hearing, the petitioner testified that counsel informed him that he would be pleading to Burglary - 2nd Degree......
  • Request a trial to view additional results
12 cases
  • Cabbagestalk v. McFadden, No.: 5:14-cv-03771-RMG-KDW
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • June 8, 2015
    ...but would have insisted on going to [or continuing with] trial. Roscoe v. State, 345 S.C.16, 546 S.E.2d 417 (2001); Richardson v. State, 310 S.C. 360, 426 S.E.2d 795 (1993).Given Applicant's burden of proof and the analysis to be applied to this claim, the Applicant's alternative claim of i......
  • Al-Shabazz v. State, No. 24995.
    • United States
    • United States State Supreme Court of South Carolina
    • August 23, 1999
    ...absent a claim of ineffective assistance of counsel); Hyman v. State, 278 S.C. 501, 299 S.E.2d 330 (1983) (same); Richardson v. State, 310 S.C. 360, 363, 426 S.E.2d 795, 797 (1993) (explaining that defendant who pleads guilty upon advice of counsel may only attack the voluntary and intellig......
  • Dunn v. Bush, Civil Action No.:2:14-02277-RMG-MGB
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • February 18, 2015
    ...not have pled guilty, but would have insisted on going to trial, Roscoe v. State, 345 S.C. 16, 546 S.E.2d 417 (2001); Richardson v. State, 310 S.C. 360, 426 S.E.2d 795 (1993). Given Applicant's burden of proof and the analysis to be applied to this claim, the Applicant's claim of involuntar......
  • Hansen v. Warden, Wateree River Corr. Inst., Civil Action No. 6:11-2670-RMG-KFM
    • United States
    • U.S. District Court — District of South Carolina
    • July 27, 2012
    ...guilty, but would have insisted on going to trial (App. 130 (citing Roscoe v. State, 546 S.E.2d 417 (S.C. 2001) and Richardson v. State, 426 S.E.2d 795 (S.C. 1993)). During the PCR hearing, the petitioner testified that counsel informed him that he would be pleading to Burglary - 2nd Degree......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT