dissenting in a separate opinion.
FINNEY, Chief Justice:I respectfully dissent, and would affirm the grant of post-conviction relief (PCR) to respondent. We are required to affirm the circuit court’s PCR order if it is supported by any evidence in the record. Pauling v. State, 331 S.C. 606, 503 S.E.2d 468 (1998). In my opinion, the order’s finding regarding defective representation and resulting prejudice from trial counsel’s failure to request a jury instruction regarding the *519dismissal of the conspiracy charge is supported by the evidence and we should not, and properly cannot, overturn it. I would affirm.