Sprouse v. State, 25692.

• Court: United States State Supreme Court of South Carolina
• Writing for the Court: Chief Justice TOAL
• Citation: 355 S.C. 335,585 S.E.2d 278
• Parties: James W. SPROUSE, Petitioner, v. STATE of South Carolina, Respondent.
• Docket Number: No. 25692.,25692.
• Decision Date: 11 August 2003

355 S.C. 335
585 S.E.2d 278

James W. SPROUSE, Petitioner,
v.
STATE of South Carolina, Respondent

No. 25692.

Supreme Court of South Carolina.

Submitted June 25, 2003.

Decided August 11, 2003.

355 S.C. 336

Assistant Appellate Defender Tara S. Taggart, of Columbia, for petitioner

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald Zelenka, Assistant Deputy Attorney General Allen Bullard, and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for respondent.

Chief Justice TOAL:

Petitioner, James W. Sprouse, argues that the post-conviction relief ("PCR") court erred in denying his application for PCR.

FACTUAL/PROCEDURAL BACKGROUND

On May 22, 1998, Petitioner pled guilty to second-degree burglary, violent, in Newberry County ("Newberry plea"). Petitioner was represented by counsel and was sentenced to 12 years, suspended on service of 10 years, to run concurrent with all other sentences, and to begin running June 15, 1997. On June 2, 1998, Petitioner pled guilty to three counts of

355 S.C. 337

second-degree burglary, violent, and one count of safecracking in Laurens County ("Laurens plea").¹ Petitioner was not represented by counsel during the Laurens plea, and was sentenced to 12 years for each offense, suspended on the service of 10 years, to run concurrent with each other and with the sentence Petitioner was already serving.²

At the Newberry plea, Eighth Circuit Assistant Solicitor Jerry Pearce described the State's agreement with Petitioner as follows:

The agreement we have reached with the defendant and his attorney is that he receive a sentence of 12 years, and that be suspended to 10 years, and that we would nol-pross the other charges on the indictment. That those charges would run concurrent with any charges he has pending in Laurens County, and that the sentence will begin on June 15, 1997.... The sentence in Laurens would be nonviolent.

(emphasis added). At the Laurens plea just a week or so later, Eighth Circuit Assistant Solicitor Benjamin L. Shealy classified the burglaries as violent offenses, and then recommended Petitioner be sentenced to 12 years suspended on service of 10 years, to run concurrent, beginning June 15, 1997.

Petitioner did not file a direct appeal from the Newberry or Laurens pleas. Petitioner filed an application for PCR, alleging that ineffective assistance of counsel caused his pleas to be involuntary. The PCR court denied relief, and this Court granted certiorari to review the following issue:³

355 S.C. 338

I. Did the PCR judge err in finding that Petitioner's pleas were voluntary despite Petitioner's claim that the State failed to honor the plea agreement it made with Petitioner on the Newberry and Laurens charges?

LAW/ANALYSIS

Petitioner argues that the State failed to honor the plea agreement it made with him regarding his Newberry and Laurens burglary charges. He argues that this failure and the ineffective assistance of his Newberry attorney in failing to ensure that the State adhered to the plea agreement on the Laurens charges rendered both of his pleas involuntary. We agree.

In Santobello v. New York, the United States Supreme Court established that state prosecutors are obligated to fulfill the promises they make to defendants when those promises serve as inducements to defendants to plead guilty. 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971). In Santobello, the Assistant District Attorney negotiated with the defendant and agreed to permit him to plead guilty to a lesser-included offense, conviction of which would result in a maximum prison sentence of one year. 404 U.S. at 258, 92 S.Ct. at 497, 30 L.Ed.2d at 431. In addition, the prosecutor agreed to make no sentence recommendation. Id. The court accepted the guilty plea and set a date for sentencing. Id. At the sentencing, another prosecutor appeared for the state, and the prosecutor...