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SMITH v. STATE

No. 24723.

329 S.C. 280 (1997)

494 S.E.2d 626

Morgan Quincy SMITH, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided December 15, 1997.

Attorney(s) appearing for the Case

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Teresa A. Knox, Columbia, for petitioner.

Assistant Appellate Defender M. Anne Pearce, of South Carolina Office of Appellate Defense, Columbia, for respondent.

TOAL, Justice:

The State has petitioned for a writ of certiorari, contesting the Post-Conviction Relief ("PCR") court's grant of relief to Morgan Quincy Smith on the basis of his attorneys' failure to advise him that burglary second degree is a violent offense. We reverse.

FACTUAL/PROCEDURAL BACKGROUND

In June 1994, Smith was indicted on five counts of burglary second degree, four counts of grand larceny, three counts of accessory after the fact...

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