Boan v. State, 388 S.C. 272

Summary

The Supreme Court of South Carolina held that trial counsel was ineffective for failing to challenge the discrepancy between the defendant’s oral sentence and the conflicting written sentencing order. The court held that due process requires the oral sentencing pronouncement, made in the defendant’s presence, to control over a later conflicting written order. The court reversed the denial of post-conviction relief and remanded for resentencing on the first-degree criminal sexual conduct offense.

Holdings

1. Trial counsel provided ineffective assistance by failing to file an appropriate motion to clarify the discrepancy or conform the written sentencing order to the trial court's oral pronouncement. Boan established both deficient performance and prejudice because the discrepancy added ten years to his sentence.
2. When a trial judge orally pronounces a sentence in the defendant's presence and later enters a conflicting written sentencing order that increases the sentence, due process requires the oral pronouncement to control.
3. Post-conviction relief should be tailored to remedy the precise prejudice caused by counsel's deficient performance; therefore, Boan was entitled to resentencing only on the first-degree criminal sexual conduct offense affected by the discrepancy.

Questions Presented

1. Whether trial counsel rendered ineffective assistance by failing to move to correct or clarify the discrepancy between the trial court's oral sentence and its conflicting written sentencing order.
2. Whether due process requires the oral pronouncement of a sentence, made in the defendant's presence, to control over a conflicting written sentencing order.
3. Whether post-conviction relief should be tailored to require resentencing only on the offense affected by the sentencing discrepancy.

Disposition

reversed_and_remanded