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State v. McConnell

Court of Appeals of South Carolina
Jul 11, 2012
2012-UP-410 (S.C. Ct. App. Jul. 11, 2012)

Opinion

2012-UP-410

07-11-2012

The State, Respondent, v. Harris McConnell, Appellant. Appellate Case No. 2010-180589

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.


UNPUBLISHED OPINION

Submitted July 2, 2012

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

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his conviction of armed robbery, arguing the plea court erred in refusing to enforce a plea agreement that had been withdrawn because McConnell detrimentally relied on the agreement.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 affirmpursuant 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.").

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

AFFIRMED.

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


Summaries of

State v. McConnell

Court of Appeals of South Carolina
Jul 11, 2012
2012-UP-410 (S.C. Ct. App. Jul. 11, 2012)
Case details for

State v. McConnell

Case Details

Full title:The State, Respondent, v. Harris McConnell, Appellant. Appellate Case No…

Court:Court of Appeals of South Carolina

Date published: Jul 11, 2012

Citations

2012-UP-410 (S.C. Ct. App. Jul. 11, 2012)