Warren v. State

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

Robert A. Warren, Jr., Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2010-156146

Appeal From Berkeley County
Kristi Lea Harrington, Circuit Court Judge

Unpublished Opinion No. 2014-UP-240
Heard June 2, 2014 – Filed June 25, 2014

AFFIRMED

Matthew Martin McGuire, of Ervin & McGuire Law
Firm, LLC, of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Ashleigh Rayanna Wilson, both of
Columbia, for Respondent.

PER CURIAM: Robert A. Warren, Jr. challenges the denial of his application for
post-conviction relief (PCR). He argues the PCR court erred by finding his trial
counsel did not render ineffective assistance during closing argument. We granted
his petition for a writ of certiorari, and now affirm pursuant to Rule 220(b),
SCACR, and the following authorities: Dempsey v. State, 363 S.C. 365, 368, 610
S.E.2d 812, 814 (2005) (stating the appellate court "gives great deference to the
[PCR] court's findings of fact"); Sigmon v. State, 403 S.C. 120, 128, 742 S.E.2d
394, 398 (2013) (stating the appellate court will affirm the PCR court's factual
finding if any evidence supports that finding); Miller v. State, 379 S.C. 108, 115,
665 S.E.2d 596, 599 (2008) ("In a PCR proceeding, the applicant bears the burden
of establishing that he is entitled to relief."); id. ("In order to prove that counsel
was ineffective, the PCR applicant must show that: (1) counsel's performance was
deficient; and (2) there is a reasonable probability that, but for counsel's errors, the
result of the trial would have been different." (citing Strickland v. Washington, 466
U.S. 668, 687-88 (1984))); Yarborough v. Gentry, 540 U.S. 1, 5-6 (2003) ("The
right to effective assistance extends to closing arguments. Nonetheless, counsel
has wide latitude in deciding how best to represent a client, and deference to
counsel's tactical decisions in his closing presentation is particularly important
because of the broad range of legitimate defense strategy at that stage." (internal
citations omitted)).

AFFIRMED.

FEW, C.J., and SHORT and GEATHERS, JJ., concur.