State v. Abraham Kelty

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.

Abraham Kelty, Appellant.

Appeal From Jasper County

Howard P. King, Circuit Court Judge

Unpublished Opinion No. 2010-UP-057

Submitted January 4, 2010 – Filed January
28, 2010   

AFFIRMED

Appellate Defender LaNelle DuRant, of
Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief
Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General
Salley W. Elliott, and Assistant Attorney General Deborah R.J. Shupe, all of
Columbia; Solicitor I. McDuffie Stone, III, of Beaufort, for Respondent.

PER CURIAM:  Abraham Kelty appeals his guilty plea and
sentence for armed robbery.  On appeal, Kelty maintains the plea court erred by
denying his motion for a mental evaluation and then accepting his guilty plea. 
We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State
v. Passaro, 350 S.C. 499,
505, 567 S.E.2d 862, 866 (2002) ("[A] guilty plea generally
constitutes a waiver of non-jurisdictional defects and claims of violations of
constitutional rights."); 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."); Id. (holding a guilty
plea "leaves open for review only the sufficiency of the indictment and
waives all other defenses"); Roddy v. State, 339 S.C. 29, 34, 528
S.E.2d 418, 421 (2000) ("In order for a defendant to knowingly and
voluntarily plead guilty, he must have a full understanding of the consequences
of the plea.").

AFFIRMED.

SHORT, THOMAS,
and KONDUROS, JJ., concur.

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