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State v. Morgan

STATE OF SOUTH CAROLINA In The Court of Appeals
Jun 6, 2018
Appellate Case No. 2016-000269 (S.C. Ct. App. Jun. 6, 2018)

Opinion

Appellate Case No. 2016-000269 Unpublished Opinion No. 2018-UP-233

06-06-2018

The State, Respondent, v. Alphonso Morgan, Jr., Appellant.

Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.


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

AFFIRMED

Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. PER CURIAM: Alphonso Morgan, Jr. appeals the trial court's denial of his motion for immunity from prosecution under the Protection of Persons and 2 Property Act. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Munsch, 287 S.C. 313, 314, 338 S.E.2d 329, 330 (1985) ("Guilty pleas act as a waiver of all non-jurisdictional defects and defenses."); Whetsell v. State, 276 S.C. 295, 297, 277 S.E.2d 891, 892 (1981) ("The general rule is that guilty pleas, freely and voluntarily entered, act as a waiver of all non-jurisdictional defects and defenses, including the claims of a violation of a constitutional right prior to the plea."); Vogel v. City of Myrtle Beach, 291 S.C. 229, 231, 353 S.E.2d 137, 138 (1987) ("[A guilty plea] conclusively disposes of all prior issues including independent claims of deprivations of constitutional rights."); State v. Tucker, 376 S.C. 412, 418, 656 S.E.2d 403, 406 (Ct. App. 2008) ("A plea of guilty and the ensuing conviction comprehend all of the factual and legal elements necessary to sustain a binding, final judgment of guilt and a lawful sentence." (quoting U.S. v. Broce Construction Co., 488 U.S. 563, 565 (1989))); State v. Sims, Op. No. 5553 (S.C. Ct. App. filed April 18, 2018) (Shearouse Adv. Sheet No. 16 at 30, 33) (finding "[appellant's] statutory immunity claim [under the Protection of Persons and Property Act] warrants no exception to the rule against conditional pleas and the key role it plays in ensuring the finality of judgments" and holding "the viability of [appellant's] immunity claim ended with his plea"). AFFIRMED. HUFF, GEATHERS, and MCDONALD, JJ., concur.


Summaries of

State v. Morgan

STATE OF SOUTH CAROLINA In The Court of Appeals
Jun 6, 2018
Appellate Case No. 2016-000269 (S.C. Ct. App. Jun. 6, 2018)
Case details for

State v. Morgan

Case Details

Full title:The State, Respondent, v. Alphonso Morgan, Jr., Appellant.

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Jun 6, 2018

Citations

Appellate Case No. 2016-000269 (S.C. Ct. App. Jun. 6, 2018)