State v. Le

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.

Thuan Van Le, Appellant.

Appeal From Florence County

Michael G. Nettles, Circuit Court Judge

Unpublished Opinion No. 2010-UP-233

Submitted March 1, 2010 – Filed April 8,
2010   

AFFIRMED

James  McBratney, Jr., of Florence, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant
Attorney General Deborah R.J. Shupe, of Columbia; and Solicitor Edgar Lewis Clements,
III, of Florence, for Respondent.

PER CURIAM: 
Thuan Van Le appeals his guilty plea,
made pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), to one count of conspiracy
to traffic between one hundred and one thousand marijuana plants, arguing: (1)
there was no indictment for the crime; and (2) he did not knowingly and
voluntarily waive presentment of an indictment to a grand jury.  We affirm[1]  pursuant to Rule 220(b), SCACR, and the following authorities: In re Arisha K.S., 331 S.C. 288, 293-94, 501 S.E.2d 128, 131 (1998) (holding the
voluntariness of a guilty plea must be raised by objection to the trial court
in order to be preserved for appeal); Rivers v. Strickland, 264 S.C.
121, 124, 213 S.E.2d 97, 98 (1975) (stating "[t]he general rule is that a
plea of guilty, voluntarily and understandingly made, constitutes a waiver of
nonjurisdictional defects and defenses, including claims of violation of
constitutional rights prior to the plea").

AFFIRMED.

SHORT,
WILLIAMS, and LOCKEMY, JJ., concur.

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