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Home / Opinion Digests / Criminal Practice / Criminal Practice – PCR – Constitutional – Ineffective Assistance Claim – Plea Discussion – Sentencing (access required)

Criminal Practice – PCR – Constitutional – Ineffective Assistance Claim – Plea Discussion – Sentencing (access required)

The testimony of defendant’s trial counsel indicated that he informed petitioner he could receive a life sentence in one of two ways: (1) through the potential application of recidivist offender statute S.C. Code Ann. § 17-25-45 (the LWOP statute) or (2) if the trial court imposed the maximum sentence for a burglary conviction. Counsel’s testimony ...

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