State v. McConnell

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.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Harris McConnell, Appellant.

Appellate Case No. 2010-180589

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

Unpublished Opinion No. 2012-UP-410
Submitted July 2, 2012 – Filed July 11, 2012

AFFIRMED

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withdrawn because McConnell detrimentally relied on the agreement.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 affirm1
pursuant 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.").

AFFIRMED.

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

1
We decide this case without oral argument pursuant to Rule 215, SCACR.