Castro v. South Carolina

After a trial, petitioner Nelson Castro was convicted of trafficking cocaine between twenty-eight and one hundred grams and was sentenced to fifteen years' imprisonment. Petitioner filed a timely motion for resentencing, which was denied after a hearing. Petitioner's conviction and sentence were affirmed on direct appeal. Petitioner filed an application for PCR alleging trial counsel was ineffective for failing to object when the trial judge improperly considered petitioner's decision to exercise his right to a jury trial as a factor in sentencing petitioner. The PCR judge denied relief, finding petitioner failed to meet his burden of proving the allegation. After review, the Supreme Court held that the statements made by the trial judge clearly revealed he improperly considered petitioner's decision to exercise his right to a jury trial in sentencing petitioner: "a trial judge abuses his or her discretion when he or she considers the fact that the defendant exercised his or her constitutional right to a jury trial as a factor in sentencing the defendant. Thus, although evidence from the record of other, valid reasons for a sentence might aid an appellate court in determining whether the trial court improperly considered a defendant's decision to proceed to trial during sentencing, those other sentencing factors do not negate the abuse of discretion that occurs when one of the sentencing factors considered by the trial judge was the defendant's decision to proceed to trial." Because trial counsel was deficient in failing to object to the trial judge's improper consideration of petitioner's decision to exercise his right to jury trial in sentencing petitioner, and, had the objection been preserved for appeal, an appellate court would have held the trial judge abused his discretion. The Supreme Court therefore concluded the PCR judge erred in denying petitioner's application for PCR, reversed the denial of relief and remanded for resentencing. View "Castro v. South Carolina" on Justia Law