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State v. Green

Court of Appeals of South Carolina
Jun 25, 2014
2014-UP-244 (S.C. Ct. App. Jun. 25, 2014)

Opinion

2014-UP-244

06-25-2014

The State, Respondent, v. Rico Green, Appellant. Appellate Case No. 2013-000441

Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Salley W. Elliott, both of Columbia; and Solicitor Douglas A. Barfield, Jr., of Lancaster, for Respondent.


UNPUBLISHED OPINION

Submitted May 1, 2014

Appeal From Lancaster County Brooks P. Goldsmith, Circuit Court Judge

Appellate Defender Robert M. Pachak, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Salley W. Elliott, both of Columbia; and Solicitor Douglas A. Barfield, Jr., of Lancaster, for Respondent.

PER CURIAM.

Rico Green appeals his guilty pleas for trafficking in cocaine ten to twenty-eight grams and trafficking in cocaine base ten to twenty-eight grams, arguing the circuit court erred in accepting his impermissibly conditional guilty pleas. We hold the circuit court did not err in accepting Green's guilty pleas. "[I]n South Carolina, a guilty plea constitutes a waiver of nonjurisdictional defects and claims of violations of constitutional rights." State v. Rice, 401 S.C. 330, 331-32, 737 S.E.2d 485, 485 (2013). Although the circuit court may not accept a conditional guilty plea, Green never sought to preserve an issue or subject his guilty pleas to any condition. Instead, the record reveals Green simply decided to plead guilty after the circuit court denied his pre-trial motions. Accordingly, the circuit court did not err in accepting Green's guilty pleas.

See In re Johnny Lee W., 371 S.C. 217, 220, 638 S.E.2d 682, 684 (2006) ("A [circuit] court may not accept a conditional guilty plea.").

AFFIRMED.

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

HUFF, THOMAS, and LOCKEMY, JJ., concur.


Summaries of

State v. Green

Court of Appeals of South Carolina
Jun 25, 2014
2014-UP-244 (S.C. Ct. App. Jun. 25, 2014)
Case details for

State v. Green

Case Details

Full title:The State, Respondent, v. Rico Green, Appellant. Appellate Case No…

Court:Court of Appeals of South Carolina

Date published: Jun 25, 2014

Citations

2014-UP-244 (S.C. Ct. App. Jun. 25, 2014)