Robinson v. South Carolina

Petitioner Michael Robinson was indicted in 2013 on charges of first-degree criminal sexual conduct (CSC) with a minor. The alleged offenses occurred between 1998 and 2000. However, between 2001 and 2012, the CSC statute was amended, increasing the sentencing range for this crime. The State offered "to let" Petitioner plead guilty under the prior sentencing law but insisted that Petitioner would be subject to the increased 2012 sentencing scheme if he rejected the offer and went to trial. Plea counsel, apparently unaware of the inapplicability of the 2012 sentencing enhancement under any circumstances, recommended Petitioner accept the offer. Based on counsel's recommendation, Petitioner pled guilty. The PCR court denied relief, and the South Carolina Supreme Court granted review of that decision. The Supreme Court determined Petitioner was not subject to the increased sentence in the 2012 amended statute, because that would have violated the ex post facto clauses of the United States Constitution and South Carolina Constitution. Because the PCR court's decision was controlled by an error of law, the Supreme Court reversed. View "Robinson v. South Carolina" on Justia Law