Holden v. State, 393 S.C. 565

Holden was indicted in 2005 for numerous car‑break‑in related offenses in Greenville County and cooperated with law enforcement.
On July 17, 2006, Holden pled guilty to multiple counts, including possession of methamphetamine, grand larceny, possessing/receiving stolen goods, breaking and entering a motor vehicle, and attempted breaking and entering a motor vehicle.
The plea judge imposed concurrent terms, with active imprisonment totaling ten years after various concurrent and consecutive sentences were run.
Holden appealed and withdrew her appeal; she then filed a PCR alleging plea counsel was ineffective for not adequately discussing charges/evidence and the lack of a State sentence recommendation.
At the PCR hearing, plea counsel testified he reviewed incidents, charges, and the State’s evidence, and learned the State offered to drop 56 charges but would not provide a sentence recommendation; Holden claimed limited prep and no review of discovery or elements.
The PCR judge found plea counsel not credible, vacated the convictions, and remanded for a new trial, prompting the State to seek certiorari review; this Court reversed and reinstated Holden’s guilty plea.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plea counsel was ineffective for failure to discuss the State's evidence and elements	Holden argues counsel failed to review discovery and explain elements.	State contends the plea colloquy cured any deficiency and Holden understood the charges and evidence.	No reversible error; deficiency cured by plea colloquy; no prejudice shown.
Whether plea counsel was ineffective for not explaining the absence of a State sentence recommendation	Holden asserts she was misadvised regarding sentencing expectations.	State maintains the lack of recommendation was disclosed and the plea hearing condemned any prejudice.	No reversible error; colloquy informed defendant of maximums and absence of recommendation; no prejudice.
Whether the PCR court’s credibility findings invalidated the outcome	Holden’s testimony contradicts the PCR judge’s lack of credibility findings.	State relies on credibility determinations in PCR review.	Counsel’s credibility is not dispositive; deficiencies, if any, cured by the plea colloquy.
Whether the guilty plea was voluntary and knowing despite counsel’s alleged deficiencies	Holden contends she might have gone to trial if misadvised.	State asserts the plea colloquy established knowing and voluntary waiver of rights.	Plea was voluntary and knowing; record shows proper inquiry and rights waiver.

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part standard for ineffective assistance of counsel)
Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (applies Strickland to guilty pleas)
Roddy v. State, 339 S.C. 29, 528 S.E.2d 418 (2000) (plea validity requires knowledge of charges and consequences)
Bennett v. State, 371 S.C. 198, 638 S.E.2d 673 (2006) (misinformation can be cured by proper plea colloquy)
Burnett v. State, 352 S.C. 589, 576 S.E.2d 144 (2003) (cures for erroneous sentencing advice via plea hearing)
Moorehead v. State, 329 S.C. 329, 496 S.E.2d 415 (1998) (no PCR relief where plea colloquy dispels error)
Wolfe v. State, 326 S.C. 158, 485 S.E.2d 367 (1997) (plea hearing transcript used to evaluate alleged counsel error)
James v. State, 377 S.C. 81, 659 S.E.2d 148 (2008) (plea sheets and conduct reflect defendant’s intent to plead guilty)
Suber v. State, 371 S.C. 554, 640 S.E.2d 884 (2007) (considering guilty plea transcript with PCR evidence)
Dempsey v. State, 363 S.C. 365, 610 S.E.2d 812 (2005) (deference to PCR court findings of fact)