MYRTLE BEACH, SC (WBTW) – An Horry County man who admitted to his wife’s stabbing death and was sentenced to serve 30 years in jail by a judge in 2010, will now get a new trial.
Court documents show Charles Ray Dean pleaded guilty to killing his wife at her Conway home in October 2007. After his plea, Dean was sentenced to 30 years in jail without the possibility of parole. However, Dean now argues in an appeal of the sentence, that his defense lawyer told Dean he would only serve 85 percent of the sentence.
In an appeal to the post-conviction relief court, Dean claims “plea counsel gave Dean erroneous sentencing advice and Dean would have proceeded to trial but for plea counsel’s error.”
Jimmy Richardson, Solicitor of the 15th Judicial Circuit, says Dean will get a new trial for the murder of his wife after the post-conviction relief court reversed Dean’s conviction. The court notes within the reversal that Dean only pleaded guilty to murder because of the wrong information relayed to him by his lawyer about how much jail time he would have to serve.
The document details, “plea counsel testified that prior to the plea, he discussed Dean’s case with another trusted lawyer, who told him that Dean would be required to serve only 85% of whatever his sentence would be under ‘the new law.’” The appeal goes on to say that Dean’s attorney could not recall the exact wording when relaying the sentencing information to Dean, but that the issue “was discussed.”
The appeal that will grant Dean a new trial is his third appeal. The first two appeals were denied.
Solicitor Richardson says if Dean pleads guilty or is found guilty by a jury in the new trial, he will not get credit for time served in prison. In addition, neither Dean’s previous plea nor his time spent in jail can be presented in court during the new trial.
A trial date has not been set, Solicitor Richardson adds.
