Moore v. State

Larry Gene Moore (Petitioner) contests the postconviction relief (PCR) court’s finding that he received effective assistance of counsel. Petitioner’s trial counsel waived Petitioner’s right to a jury trial and opted instead for a bench trial as part of the defense strategy. Petitioner asserts that he did not *644wish to waive this right, and as a result, he received ineffective assistance of counsel. We reverse and remand.

FACTUAL/PROCEDURAL HISTORY

On January 17, 2004, Petitioner took several items off the shelf at a Wal-Mart in Spartanburg County. A loss prevention officer observed Petitioner and…