Quezada v. State ( 2007 )

THE STATE OF SOUTH CAROLINA

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

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Frank Quezada, Respondent,

v.

State of South Carolina, Petitioner.

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Appeal from Dorchester County
James C. Williams, Circuit Court Judge

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ON WRIT OF CERTIORARI

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Memorandum Opinion No. 2007-MO-072
Submitted November 15, 2007 – Filed December 17, 2007 

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REVERSED

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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley Elliott, and Assistant Attorney General Lance S. Boozer, all of Columbia, for petitioner.

Appellate Defender Robert M. Pachak, of  South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for respondent.

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PER CURIAM:  Reversed pursuant to Rule 220(b), SCACR,  and the following authorities:  Bennett v. State, 371 S.C. 198, 638 S.E.2d 673 (2006) (where there has been a guilty plea, applicant must prove prejudice by showing that, but for counsel’s error, there is a reasonable probability he would not have pled guilty and would have insisted on going to trial); Williams v. State, 363 S.C. 341, 611 S.E.2d 232 (2005) (where there is no evidence to support finding of prejudice, grant of PCR is reversed). 

TOAL, C.J., MOORE, WALLER, PLEICONES and BEATTY, JJ., concur.