State v. Carpenter
The STATE, Respondent, v. John Odell CARPENTER, Appellant
Opinion
Per Curiam:
Appellant was convicted of housebreaking, grand larceny and illegal possession of a handgun. He was sentenced to six (6) years for housebreaking and grand larceny and one (1) year (suspended) for illegal possession of a handgun.
Appellant’s sole ground for appeal is ineffective assistance of counsel at trial. This Court usually will not consider that issue on appeal from a conviction.
State v. Hyman, .... S. C. . . . , 281 S. E. (2d) 209 (1981). We follow that principle particularly when, as here, the issue was not argued to the trial judge.
State v. Williams, 266 S. C. 325, 223 S. E. (2d) 38 (1976).
*310 Under the facts of this case, appellant must assert his claim under the Post-Conviction Procedure Act (Code of Laws [1976] Section 17-27-10 et seq.)
The conviction is therefore affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.
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(finding claims of ineffective assistance of counsel must be asserted under the Post-Conviction Relief Act)
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(claim of ineffective assistance of counsel at trial will not normally be considered on appeal from a conviction, particularly when the issue is not argued to the trial judge)
Cited by 9 cases
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