Horton v. State

• Court: Supreme Court of South Carolina
• Decided: April 26, 2017
• Docket: 2017-MO-005
• Status: Unpublished

Opinion

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Supreme Court

Robert S. Horton, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2015-001608

Appeal From Spartanburg County The Honorable J. Derham Cole, Circuit Court Judge The Honorable Roger L. Couch, Post-Conviction Relief Judge

Memorandum Opinion No. 2017-MO-005 Submitted April 3, 2017 – Filed April 26, 2017

AFFIRMED

Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner.

Attorney General Alan Wilson and Assistant Attorney General Alicia A. Olive, both of Columbia, for Respondent.

PER CURIAM: Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR). We deny the petition on Petitioner's Question II. Because there is sufficient evidence to support the PCR judge's finding that petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant certiorari on petitioner's Question I and proceed with a review of the direct appeal issue pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986).

Petitioner's conviction and sentence are affirmed pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Boiter, 302 S.C. 381, 396 S.E.2d 364 (1990) (finding evidence of a prior false accusation of abuse by a complainant may be probative of the complainant's credibility if (1) made by the complainant, (2) demonstrated to be false, and (3) recent enough in time so as to be of sufficient probative value).

AFFIRMED.

BEATTY, C.J., KITTREDGE, HEARN, FEW and JAMES, JJ., concur.