State v. Salters

Court of Appeals of South Carolina

State v. Salters

DecidedFebruary 20, 2008

Docket2008-UP-129

StatusUnpublished

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State v. Salters, (S.C. Ct. App. 2008).

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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 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Antwan Salters, Appellant.

Appeal From Spartanburg County
Daniel F. Pieper, Circuit Court Judge
J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2008-UP-129
Submitted February 1, 2008 Filed February 20, 2008

AFFIRMED

Appellate Defender LaNelle C. DuRant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg; for Respondent.

PER CURIAM: Antwan Salters pled guilty to murder, armed robbery, and assault and battery with intent to kill. On appeal, Salters argues he was not informed of the full consequences of his guilty plea because the plea judge did not inform him of his parole ineligibility on the sentence imposed for each of the crimes or that he would have to serve the full life sentence for murder. We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: State v. Passaro, 350 S.C. 499, 505-06, 567 S.E.2d 862, 866 (2002) (explaining that a freely and voluntarily entered plea of guilty acts as a waiver of all non-jurisdictional defects and defenses); State v. McKinney, 278 S.C. 107, 108, 292 S.E.2d 598, 599 (1982) (Absent timely objection at a plea proceeding, the unknowing and involuntary nature of a guilty plea can only be attacked through the more appropriate channel of Post-Conviction Relief.).

AFFIRMED.

ANDERSON, SHORT, and THOMAS, 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 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Antwan Salters, Appellant.

Appeal From Spartanburg County
Daniel F. Pieper, Circuit Court Judge
J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2008-UP-129
Submitted February 1, 2008 Filed February 20, 2008

AFFIRMED

Appellate Defender LaNelle C. DuRant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg; for Respondent.

PER CURIAM: Antwan Salters pled guilty to murder, armed robbery, and assault and battery with intent to kill. On appeal, Salters argues he was not informed of the full consequences of his guilty plea because the plea judge did not inform him of his parole ineligibility on the sentence imposed for each of the crimes or that he would have to serve the full life sentence for murder. We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: State v. Passaro, 350 S.C. 499, 505-06, 567 S.E.2d 862, 866 (2002) (explaining that a freely and voluntarily entered plea of guilty acts as a waiver of all non-jurisdictional defects and defenses); State v. McKinney, 278 S.C. 107, 108, 292 S.E.2d 598, 599 (1982) (Absent timely objection at a plea proceeding, the unknowing and involuntary nature of a guilty plea can only be attacked through the more appropriate channel of Post-Conviction Relief.).

AFFIRMED.

ANDERSON, SHORT, and THOMAS, JJ., concur.

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

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