State v. Harris

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Johnny Harris, Jr.,       
Appellant.

Appeal From York County

Lee S. Alford, Circuit Court Judge

Unpublished Opinion No.2003-UP-520 

Submitted July 1, 2003 – Filed August 27, 2003

AFFIRMED

Stephen D. Schusterman, of Rock Hill, for Appellant

Attorney General Henry D. McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
Senior Asst. Attorney General Harold M. Coombs, Jr., all of Columbia;  and Solicitor
Thomas E. Pope, of York, for Respondent.

PER CURIAM:  In May 2002, Harris pleaded
guilty to one count of possession of crack cocaine with intent to distribute,
first offense, during guilty plea proceedings in which the trial court found
Harris made the guilty plea freely, voluntarily, and intelligently.  The court
accepted Harris’s guilty plea on the charge.  Harris appeals, arguing the trial
court erred in admitting his plea because he did not make it intelligently.
We affirm [1] pursuant to Rule
220(b)(1), SCACR, and the following authorities:  Boykin v. Alabama,
395 U.S. 238 (1965) (holding that to find a guilty plea is voluntarily and knowingly
entered into, the record must establish the defendant had a full understanding
of the consequences of his plea and the charges against him);  State v. McKinney,
278 S.C. 107, 292 S.E.2d 598 (1982) (holding that absent a timely objection
during the guilty plea proceeding, the unknowing, involuntary, or unintelligent
nature of a guilty plea cannot be raised on direct appeal, but must instead
be addressed through the more appropriate channel of post-conviction relief).

AFFIRMED.

GOOLSBY, BEATTY, and KITTREDGE, JJ., concur.

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