Roscoe v. State, No. 25287.

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtWALLER, Justice
Citation345 S.C. 16,546 S.E.2d 417
PartiesLamarko S. ROSCOE, Petitioner, v. STATE of South Carolina, Respondent.
Docket NumberNo. 25287.
Decision Date30 April 2001

345 S.C. 16
546 S.E.2d 417

Lamarko S. ROSCOE, Petitioner,
v.
STATE of South Carolina, Respondent

No. 25287.

Supreme Court of South Carolina.

Submitted March 22, 2001.

Decided April 30, 2001.


345 S.C. 18
Assistant Appellate Defender Robert M. Pachak, of South Carolina Office of Appellate Defense, of Columbia, for petitioner

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General G. Robert DeLoach, III, all of Columbia, for respondent.

ON WRIT OF CERTIORARI

WALLER, Justice:

We granted a writ of certiorari to review the denial of Lamarko Roscoe's application for Post-Conviction Relief (PCR). We affirm.

345 S.C. 19
FACTS

Roscoe pleaded guilty to kidnapping, armed robbery, and burglary in the first degree.1 In exchange for his plea, charges of grand larceny, possession of a weapon during commission of a violent crime, and criminal conspiracy were nol prossed.2 At the plea hearing, Roscoe was advised that he could get "as much as 70 years to life" for armed robbery, kidnapping and burglary in the first degree, and that, with the addition of accessory charges, he was facing as much as 140 years to life.3 The plea judge then advised Roscoe that the potential sentence for armed robbery was 25 years in jail. In fact, pursuant to S.C.Code § 16-11-330 (Supp.2000), the maximum sentence for armed robbery was 30 years. 1993 S.C. Acts 184, § 170.4 Sentencing was deferred until such time as a co-defendant's case was disposed of in federal court. Thereafter, Roscoe was sentenced to 30 years, concurrent, on each offense (armed robbery, burglary in the first degree and kidnapping).

Roscoe sought PCR, claiming his plea was involuntary because he was advised by the plea judge that he could receive 140 years to life (including the accessory charges), when in fact, he could not have been sentenced both as an accessory and of the principal offense. The PCR court denied relief, finding the pleas to the accessory charges had been withdrawn at sentencing. However, the court sua sponte noted that the

345 S.C. 20
plea judge had mis-advised Roscoe the potential sentence for armed robbery was 25, rather than 30 years. Accordingly, the armed robbery charge was remanded for re-sentencing. Roscoe sought certiorari contending the erroneous sentencing advice had rendered his pleas involuntary, requiring them to be vacated

ISSUE

Were Roscoe's pleas rendered unknowing and involuntary due to the trial court's erroneous statement that the maximum sentence he could receive was 25, rather than 30 years?

DISCUSSION

Allegations of trial court error are not cognizable on PCR. Wolfe v. State, 326 S.C. 158, 485 S.E.2d 367 (1997); see also State v. Johnston, 333 S.C. 459, 510 S.E.2d 423 (1999). In PCR cases, a defendant asserting a constitutional violation must frame the issue as one of ineffective assistance of counsel. Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (1999). A defendant who enters a plea on the advice of counsel may only attack the voluntary and intelligent character of a plea by showing that counsel's representation fell below an objective standard of reasonableness and that there is a reasonable probability that, but for counsel's errors, the defendant would not have pled guilty but would have insisted on going to trial.5 Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985); Jackson v. State, 342 S.C. 95, 535 S.E.2d 926 (2000); Thompson v. State, 340 S.C. 112, 531 S.E.2d 294 (2000); Ray ford v. State, 314 S.C. 46, 443 S.E.2d 805 (1994). Thus, an applicant must show both error and prejudice to win relief in a PCR proceeding. Scott v. State, 334 S.C. 248, 513 S.E.2d 100 (1999). Roscoe has made no showing of prejudice...

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32 practice notes
  • Joseph v. State, No. 25539.
    • United States
    • United States State Supreme Court of South Carolina
    • October 14, 2002
    ...that, but for counsel's errors, the defendant would 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). Thus, an applicant must show both error and prejudice 351 S.C. 560 to win relief in a PCR proceeding. Id. In Roscoe, the C......
  • Patrick v. Warden, C/A No. 5:14-cv-4367-BHH-KDW
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • January 27, 2016
    ...have insisted on going to trial. Hill v. Lockhart, 474 U.S. 52, 58-59, 106 S. Ct. 366, 370 (1985); Roscoe v. State, 343 S.C. 16, 20, 546 S.E.2d 417, 419 (2001).To be knowing and voluntary, a plea must be entered with a full understanding of the charges and the consequences of the plea. Boyk......
  • 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
    ...the defendant would not have pled guilty, 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 cla......
  • Marsh v. Stevenson, C/A No. 5:15-04633-JMC-KDW
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • February 22, 2017
    ...he would not have pled guilty and would have insisted on going to trial. Hill v. Lockhart, 474 U.S. 52, 58 59 (1985); Roscoe v. State, 345 S.C. 16, 20, 546 S.E.2d 417, 419 (2001).To be knowing and voluntary, a plea must be entered with a full understanding of the charges and the consequence......
  • Request a trial to view additional results
32 cases
  • Joseph v. State, No. 25539.
    • United States
    • United States State Supreme Court of South Carolina
    • October 14, 2002
    ...that, but for counsel's errors, the defendant would 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). Thus, an applicant must show both error and prejudice 351 S.C. 560 to win relief in a PCR proceeding. Id. In Roscoe, the C......
  • Patrick v. Warden, C/A No. 5:14-cv-4367-BHH-KDW
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • January 27, 2016
    ...have insisted on going to trial. Hill v. Lockhart, 474 U.S. 52, 58-59, 106 S. Ct. 366, 370 (1985); Roscoe v. State, 343 S.C. 16, 20, 546 S.E.2d 417, 419 (2001).To be knowing and voluntary, a plea must be entered with a full understanding of the charges and the consequences of the plea. Boyk......
  • 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
    ...the defendant would not have pled guilty, 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 cla......
  • Marsh v. Stevenson, C/A No. 5:15-04633-JMC-KDW
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • February 22, 2017
    ...he would not have pled guilty and would have insisted on going to trial. Hill v. Lockhart, 474 U.S. 52, 58 59 (1985); Roscoe v. State, 345 S.C. 16, 20, 546 S.E.2d 417, 419 (2001).To be knowing and voluntary, a plea must be entered with a full understanding of the charges and the consequence......
  • Request a trial to view additional results

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