State v. Johnson

Supreme Court of South Carolina

State v. Johnson

337 S.E.2d 204, 287 S.C. 171, 1985 S.C. LEXIS 521

CourtSupreme Court of South Carolina

DecidedAugust 5, 1985

StatusPublished

Cited by1 cases

This text of 337 S.E.2d 204 (State v. Johnson) 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

State v. Johnson, 337 S.E.2d 204, 287 S.C. 171, 1985 S.C. LEXIS 521 (S.C. 1985).

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Opinion

ORDER

Appellant seeks a remand to the circuit court for the purpose of moving for a new trial. The motion is denied.

Appellant was tried and convicted of murder. His appeal is currently pending. Following his conviction and sentence, appellant entered into a post-conviction plea agreement whereby the solicitor’s office agreed not to oppose appellant’s motion for a new trial if appellant testified against his co-defendant. The solicitor agreed to allow appellant to plead to a lesser offense upon the grant of the motion. Appellant complied with the agreement and filed this motion.

The solicitor has broad discretion in choosing the offenses with which a defendant will be charged and in plea negotiations leading up to trial. See State v. Blackburn, 271 S. C. 324, 247 S. E. (2d) 334 (1978); Simmons v. State, 264 S. C. 417, 215 S. E. (2d) 883 (1975). However, the solicitor has no authority to enter into plea negotiations with regard to a charge for which a defendant has already been sentenced. The decision to grant a new trial is for the trial judge. S. C. Code Ann. § 17-23-110 (1976).

The post conviction plea agreement appellant relies upon in his motion is invalid. The motion is denied.

This order shall be published with the opinions of the Court.

Harwell, J., not participating.

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ORDER

Appellant seeks a remand to the circuit court for the purpose of moving for a new trial. The motion is denied.

Appellant was tried and convicted of murder. His appeal is currently pending. Following his conviction and sentence, appellant entered into a post-conviction plea agreement whereby the solicitor’s office agreed not to oppose appellant’s motion for a new trial if appellant testified against his co-defendant. The solicitor agreed to allow appellant to plead to a lesser offense upon the grant of the motion. Appellant complied with the agreement and filed this motion.

The solicitor has broad discretion in choosing the offenses with which a defendant will be charged and in plea negotiations leading up to trial. See State v. Blackburn, 271 S. C. 324, 247 S. E. (2d) 334 (1978); Simmons v. State, 264 S. C. 417, 215 S. E. (2d) 883 (1975). However, the solicitor has no authority to enter into plea negotiations with regard to a charge for which a defendant has already been sentenced. The decision to grant a new trial is for the trial judge. S. C. Code Ann. § 17-23-110 (1976).

The post conviction plea agreement appellant relies upon in his motion is invalid. The motion is denied.

This order shall be published with the opinions of the Court.

Harwell, J., not participating.

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Bluebook (online)

337 S.E.2d 204, 287 S.C. 171, 1985 S.C. LEXIS 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johnson-sc-1985.

Opinion

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