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MAYO v. STATE

No. 25382.

347 S.C. 422 (2001)

556 S.E.2d 380

Ray T. MAYO, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided December 3, 2001.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General David A. Spencer, all of Columbia, for petitioner.

Assistant Appellate Defender Aileen P. Clare, of S.C. Office of Appellate Defense, of Columbia, for respondent.

Justice MOORE:

Respondent Mayo was convicted of assault with intent to commit third degree criminal sexual conduct and sentenced to ten years. After his direct appeal was dismissed, Mayo filed this action for post-conviction relief (PCR) claiming ineffective assistance of trial counsel. Relief was granted. We reverse.

FACTS

At trial, the twenty-three-year-old victim (Victim) testified she was living in a transitional home for women

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