ABNEY v. STATE

No. 5207.

408 S.C. 41 (2014)

757 S.E.2d 544

Ted E. ABNEY, Petitioner, v. STATE of South Carolina, Respondent.

Court of Appeals of South Carolina.

Decided March 19, 2014.

Rehearing Denied April 24, 2014.


Attorney(s) appearing for the Case

Appellate Defender Kathrine H. Hudgins , of Columbia, for Petitioner.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Salley W. Elliott , and Assistant Attorney General, J. Rutledge Johnson , all of Columbia, for Respondent.


KONDUROS, J.

In this post-conviction relief (PCR) action, Ted E. Abney claims his trial counsel's assistance was rendered ineffective when counsel did not request a jury instruction on the lesser included offense of strong arm robbery. He further contends he was prejudiced by his attorney's decision because he was convicted of armed robbery. We affirm.

FACTS/PROCEDURAL HISTORY

the victim testified that on...

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