Simuel v. State

Syllabus

In this action for post-conviction relief (PCR), Lucius Simuel argues the PCR court erred in finding trial counsel provided effective assistance of counsel despite counsel's erroneous belief that Simuel's prior Georgia conviction for false imprisonment should not qualify as a predicate offense for sentencing purposes in South Carolina. Thus, Petitioner alleges, trial counsel failed to advise him to accept the State's plea offer or inform him that, if convicted, he would be exposed to a mandatory sentence of life in prison without the possibility of parole (LWOP) under section 17-25-45 of the South Carolina Code. We affirm.