State v. McConnell

Court of Appeals of South Carolina

State v. McConnell

DecidedJuly 11, 2012

Docket2012-UP-410

StatusUnpublished

This text of State v. McConnell (State v. McConnell) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. McConnell, (S.C. Ct. App. 2012).

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THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

The State, Respondent,

v.

Harris McConnell, Appellant.

Appellate Case No. 2010-180589

Appeal From Newberry County Eugene C. Griffith, Jr., Circuit Court Judge

Unpublished Opinion No. 2012-UP-410 Submitted July 2, 2012 – Filed July 11, 2012

AFFIRMED

Appellate Defender Breen Richard Stevens, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William M. Blitch, Jr., all of Columbia; and Solicitor Jerry W. Peace, of Greenwood, for Respondent. PER CURIAM: Harris McConnell appeals his conviction of armed robbery, arguing the plea court erred in refusing to enforce a plea agreement that had been withdrawn because McConnell detrimentally relied on the agreement. We affirm1 pursuant to Rule 220(b), SCACR, and the following authorities: State v. Fuller, 254 S.C. 260, 266, 174 S.E.2d 774, 777 (1970) ("The general rule is that a plea of guilty, voluntarily and understandingly made, constitutes a waiver of nonjurisdictional defects and defenses . . . ."), vacated in part sub nom. Fuller v. South Carolina, 408 U.S. 937 (1972); State v. Amerson, 311 S.C. 316, 320, 428 S.E.2d 871, 873 (1993) ("Appellate courts are bound by fact findings in response to motions preliminary to trial when the findings are supported by the evidence and not clearly wrong or controlled by error of law."); Reed v. Becka, 333 S.C. 676, 689, 511 S.E.2d 396, 404 (Ct. App. 1999) ("A defendant relies upon a solicitor's plea offer by taking some substantial step or accepting serious risk of an adverse result following acceptance of the plea offer.").

AFFIRMED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.

1 We decide this case without oral argument pursuant to Rule 215, SCACR.

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THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

The State, Respondent,

v.

Harris McConnell, Appellant.

Appellate Case No. 2010-180589

Appeal From Newberry County Eugene C. Griffith, Jr., Circuit Court Judge

Unpublished Opinion No. 2012-UP-410 Submitted July 2, 2012 – Filed July 11, 2012

AFFIRMED

Appellate Defender Breen Richard Stevens, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William M. Blitch, Jr., all of Columbia; and Solicitor Jerry W. Peace, of Greenwood, for Respondent. PER CURIAM: Harris McConnell appeals his conviction of armed robbery, arguing the plea court erred in refusing to enforce a plea agreement that had been withdrawn because McConnell detrimentally relied on the agreement. We affirm1 pursuant to Rule 220(b), SCACR, and the following authorities: State v. Fuller, 254 S.C. 260, 266, 174 S.E.2d 774, 777 (1970) ("The general rule is that a plea of guilty, voluntarily and understandingly made, constitutes a waiver of nonjurisdictional defects and defenses . . . ."), vacated in part sub nom. Fuller v. South Carolina, 408 U.S. 937 (1972); State v. Amerson, 311 S.C. 316, 320, 428 S.E.2d 871, 873 (1993) ("Appellate courts are bound by fact findings in response to motions preliminary to trial when the findings are supported by the evidence and not clearly wrong or controlled by error of law."); Reed v. Becka, 333 S.C. 676, 689, 511 S.E.2d 396, 404 (Ct. App. 1999) ("A defendant relies upon a solicitor's plea offer by taking some substantial step or accepting serious risk of an adverse result following acceptance of the plea offer.").

AFFIRMED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.

1 We decide this case without oral argument pursuant to Rule 215, SCACR.

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