Rivera v. State

We granted certiorari to consider an order denying petitioner’s application for post-conviction relief (PCR) and now reverse, finding trial counsel ineffective in agreeing to a response to a jury question.

FACTS

Petitioner was acquitted of murder but convicted of armed robbery and received a twenty year sentence. The Court of Appeals affirmed his direct appeal. State v. Rivera, Op. No.2002-UP-544 (S.C. Ct. App. filed August 29, 2002).

At trial, the State’s theory was that although petitioner did not actively participate in the murder/robbery, he accompanied the active participants to the scene…