State v. Osborne

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 Court of Appeals

State of South Carolina, Petitioner,

v.

Thomas Osborne, Respondent.

Appellate Case No. 2012-208631

Appeal From Spartanburg County
Roger L. Couch, Plea Judge
J. Mark Hayes, II, PCR Judge

Unpublished Opinion No. 2015-UP-358
Submitted May 1, 2015 – Filed July 15, 2015

AFFIRMED

Attorney General Alan McCrory Wilson and Assistant
Deputy Attorney General Suzanne Hollifield White, both
of Columbia, for Petitioner.

Deputy Chief Appellate Defender Wanda H. Carter, of
Columbia, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Caprood v. State, 338 S.C. 103, 109, 525 S.E.2d 514, 517 (2000)
("This [c]ourt gives great deference to the PCR court's findings of fact and
conclusions of law."); id. at 109-10, 525 S.E.2d at 517 ("The existence in the
record of 'any evidence' of probative value is sufficient to uphold the PCR [court]'s
ruling."); Simuel v. State, 390 S.C. 267, 270, 701 S.E.2d 738, 739 (2010) ("This
[c]ourt gives great deference to a PCR [court]'s findings where matters of
credibility are involved."); Missouri v. Frye, 132 S. Ct. 1399, 1409-10 (2012)
(reasoning that in the context of a guilty plea, a finding of prejudice is not
ultimately dependent upon whether the defendant would have proceeded to trial,
but whether the result of the plea proceedings would have been different); State v.
Curry, 410 S.C. 46, 54, 762 S.E.2d 721, 725 (Ct. App. 2014) ("Although a
defendant's sentence is the same regardless of whether he is merely guilty or guilty
but mentally ill, a defendant found guilty but mentally ill is entitled to immediate
treatment and evaluation." (internal quotation marks omitted)).

AFFIRMED.1

SHORT, LOCKEMY, and McDONALD, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.