ROBINSON v. STATE

No. 26564.

380 S.C. 201 (2008)

669 S.E.2d 588

Marcus D. ROBINSON, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided November 24, 2008.


Attorney(s) appearing for the Case

Deputy Chief Attorney Wanda H. Carter, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Karen C. Ratigan, all of Columbia, for Respondent.


Chief Justice TOAL:

In this case, we granted certiorari to review the post-conviction relief (PCR) court's denial of Petitioner Marcus D. Robinson's request for relief. Petitioner argues that the PCR court erred in ruling that he was not prejudiced by plea counsel's failure to challenge the use of a prior uncounseled magistrate court's conviction to enhance the sentence on his present conviction. We find that the prior uncounseled conviction was improperly used to...

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