Opinion
19149
January 12, 1971.
William L. Bethea, Jr., Esq., of Harvey, Harvey Battey, of Beaufort, for Appellant, cites: As to Appellant's plea of guilty and his sentence thereunder pursuant to the statutory provisions of Section 19-553.4, Code of Laws of South Carolina, 1962, as amended, not being allowed to stand now that the said act has been declared unconstitutional by State v. Harper: 390 U.S. 570; 405 F.2d 340; 251 S.C. 379, 162 S.E.2d 712; 14 L.Ed. 992, 1000; 381 U.S. 618; 14 L.Ed.2d 992, 1003; 231 F. Supp. 731; 382 U.S. 406; 384 U.S. 719. As to the coercive influence of the guilty plea provision existing at the time of appellant's plea being the primary motivation for Appellant's plea of guilty, and Court below improperly finding that Appellant's plea was voluntarily entered: 405 F.2d 347.
Messrs. Daniel R. McLeod, Atty. Gen., and Emmet H. Clair, and John P. Wilson, Asst. Attys. Gen. of Columbia, for Respondents, cite: As to the guilty plea of the Appellant being made voluntarily and intelligently with full knowledge of the consequences in compliance with due process of law: 253 S.C. 187, 169 S.E.2d 604; 397 U.S. 742, 90 S. Ct. 1463, 25 L.Ed.2d 747, 756; 254 S.C. 444, 175 S.E.2d 796; 251 S.C. 593, 164 S.E.2d 760.
January 12, 1971.
Appellant plead guilty at the November 1967 term of the Court of General Sessions for Beaufort County to the charge of rape of a fifteen year old girl, and for such offense received a sentence of twenty-seven years. He subsequently filed a petition in habeas corpus seeking a new trial, asserting that his plea was involuntary and coerced by fear of the death penalty. His petition was denied by the lower court and this appeal followed.
The evidence amply sustains the conclusion that the appellant's plea was voluntarily entered, and the judgment of the lower court is accordingly affirmed. Sweet v. State of South Carolina, S.C. 178 S.E.2d 657, filed herewith.
Affirmed.