Jackson v. State

MOORE, Justice:

Petitioner pled nolo contendere to threatening a public official.1 Petitioner filed a writ of certiorari to review the denial of his post-conviction relief (PCR) petition. We reverse.

ISSUE

Was trial counsel ineffective in advising petitioner that threatening a public official was a misdemeanor?

*97DISCUSSION

The PCR judge found trial counsel’s performance was not deficient and petitioner had failed to prove prejudice. Petitioner contends the PCR judge erred. We agree.

A plea of nolo contendere is for all practical purposes treated as a guilty plea. Kibler v. State, 267 S.C. 250, 227…