Shirley v. State

While I agree with the majority opinion, I would hold that counsel’s performance was below reasonable professional norms for a second and equally prejudicial reason which is that counsel failed to object to the sentence of 15 years for accessory before the fact of “burglary.”

The crime of burglary in this state can carry a prison sentence from five years to life, depending upon the degree of the offense. See S.C. Code Ann. §§ 16-11-311 to 313 (Supp. 1990).

In this case the indictment simply charged “burglary.” No degree was specified, which is sufficient under State v. Branham, 13 S.C. 389…