State v. Martin

Supreme Court of South Carolina

State v. Martin

294 S.E.2d 345, 278 S.C. 256, 1982 S.C. LEXIS 413

CourtSupreme Court of South Carolina

DecidedAugust 9, 1982

Docket21774

StatusPublished

Cited by4 cases

This text of 294 S.E.2d 345 (State v. Martin) 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. Martin, 294 S.E.2d 345, 278 S.C. 256, 1982 S.C. LEXIS 413 (S.C. 1982).

Pincite

Opinion

Per Curiam:

Appellant pled guilty to receiving stolen goods and was sentenced to eight years. We vacate the guilty plea and remand for further proceedings.

Appellant was indicted for housebreaking and larceny but pled guilty to receiving stolen goods. 1 Appellant was never indicted for receiving stolen goods. No presentment to the grand jury was made for receiving stolen goods. No waiver of presentment was accomplished in accord with South Carolina Code of Laws Ann. §§ 17-23-120 to 140 (Supp. 1981).

The plea must be vacated under our holding in Summerall v. State, S. C. 294 S. E. (2d) 344 Op. No. 21773, filed August 9, 1982 that the requirements of §§ 17-23-120 to 140 are mandatory. We therefore vacate appellant’s guilty plea and remand for further proceedings consistent with the Summerall decision.

1

Receiving stolen goods is not a lesser included offense of larceny. State v. Hamilton, 172 S. C. 453, 174 S. E. 396 (1934).

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