Peeler v. State

Supreme Court of South Carolina

Peeler v. State

283 S.E.2d 826, 277 S.C. 70, 1981 S.C. LEXIS 479

CourtSupreme Court of South Carolina

DecidedSeptember 15, 1981

Docket21565

StatusPublished

Cited by9 cases

This text of 283 S.E.2d 826 (Peeler v. State) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peeler v. State, 283 S.E.2d 826, 277 S.C. 70, 1981 S.C. LEXIS 479 (S.C. 1981).

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Opinion

Per Curiam;

The appellant, Sheldon Peeler, brought a post-conviction proceeding challenging the validity of his guilty plea and life sentence on a kidnapping charge. He appeals from the denial, after a hearing, of his application for Post-Conviction Relief.

Peeler relies heavily on State v. Hazel, S. C. 271 S. E. (2d) 602 (1980), In that case, this Court reversed the guilty plea of Peelers codefendant because the judge and Hazel’s attor *71 ney had incorrectly indicated to Hazel that a life sentence for kidnapping was discretionary, not mandatory. Id., 271 S. E. (2d) at 603. Peeler argues he is in the same position as his codefendant and his conviction should be reversed.

We disagree. Hazel moved to withdraw her plea when she learned the life sentence was mandatory. Furthermore, she appealed directly to this Court from the plea and sentence. Peeler took neither of these steps.

An application for post-conviction relief is not a substitute for an appeal. Errors which could have been reviewed on direct appeal may not be asserted for the first time, or reasserted, in post-conviction proceedings. Miller v. State, 269 S. C. 113, 236 S. E. (2d) 422 (1977); Simmons v. State, 264 S. C. 417, 215 S. E. (2d) 883 (1975).

Peeler is therefore barred from raising this issue in a post-conviction proceeding.

The judgment is affirmed.

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Per Curiam;

The appellant, Sheldon Peeler, brought a post-conviction proceeding challenging the validity of his guilty plea and life sentence on a kidnapping charge. He appeals from the denial, after a hearing, of his application for Post-Conviction Relief.

Peeler relies heavily on State v. Hazel, S. C. 271 S. E. (2d) 602 (1980), In that case, this Court reversed the guilty plea of Peelers codefendant because the judge and Hazel’s attor *71 ney had incorrectly indicated to Hazel that a life sentence for kidnapping was discretionary, not mandatory. Id., 271 S. E. (2d) at 603. Peeler argues he is in the same position as his codefendant and his conviction should be reversed.

We disagree. Hazel moved to withdraw her plea when she learned the life sentence was mandatory. Furthermore, she appealed directly to this Court from the plea and sentence. Peeler took neither of these steps.

An application for post-conviction relief is not a substitute for an appeal. Errors which could have been reviewed on direct appeal may not be asserted for the first time, or reasserted, in post-conviction proceedings. Miller v. State, 269 S. C. 113, 236 S. E. (2d) 422 (1977); Simmons v. State, 264 S. C. 417, 215 S. E. (2d) 883 (1975).

Peeler is therefore barred from raising this issue in a post-conviction proceeding.

The judgment is affirmed.

Clarence Henderson A/K/A Edward Ronald Henderson v. Claud Majors, Lt. Robert Hughes D.S.C. Patrick State of South Carolina Attorney General of Columbia, South Carolina, Clarence Henderson A/K/A Edward Ronald Henderson v. Claud Majors, Lt. Robert Hughes D.S.C. Patrick State of South Carolina Attorney General of Columbia, South Carolina

825 F.2d 406 (Fourth Circuit, 1987)

State v. Willey

381 N.W.2d 183 (North Dakota Supreme Court, 1986)

State v. Riddle

292 S.E.2d 795 (Supreme Court of South Carolina, 1982)

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283 S.E.2d 826, 277 S.C. 70, 1981 S.C. LEXIS 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peeler-v-state-sc-1981.

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