Samuels v. State, 356 S.C. 635

Summary

The South Carolina Supreme Court held that a credit union qualifies as a "depository" under S.C. Code Ann. § 16-11-380, giving the trial court subject matter jurisdiction over the conviction for entering a depository with intent to steal. The court also held that appellate counsel was not ineffective for failing to challenge the denial of a directed verdict because the credit union was a depository as a matter of law. The court affirmed the denial of post-conviction relief.

Holdings

1. A credit union is a depository within the meaning of section 16-11-380 because it is a financial institution that accepts deposits and maintains deposit accounts; therefore, the trial court had subject-matter jurisdiction to convict Samuels.
2. Appellate counsel was not ineffective for failing to raise the directed-verdict issue because the credit union was a depository as a matter of law and the proposed appellate issue lacked merit.

Questions Presented

1. Whether the trial court had subject-matter jurisdiction to convict Samuels of entering a depository with intent to steal when the charged institution was a credit union.
2. Whether appellate counsel was ineffective for failing to appeal the denial of Samuels's directed-verdict motion.

Disposition

affirmed