McMillian v. State

Ervin McMillian 1 filed a petition for a writ of certiorari seeking review of an order denying his application for post-conviction relief (PCR). We granted the petition to decide the following question: Was counsel ineffective for advising McMillian that the intent to commit a crime could be inferred from the act of trespassing, such that it would provide a factual basis to support a plea to first-degree burglary? We hold counsel was not ineffective and affirm.

FACTS

McMillian was charged with first-degree burglary as a result of an incident that occurred in Columbia, South Carolina on April…