State v. Best

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.

Hartford Renard
Best, Appellant.

Appeal From Horry County

Steven H. John, Circuit Court Judge

Unpublished Opinion No. 2011-UP-092

Submitted December 1, 2010 – Filed March 8,
2011   

AFFIRMED

George N. Spirakis, of Myrtle Beach, for
Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J.
Zelenka, and Assistant Attorney General S. Creighton Waters, all of Columbia; and
Solicitor John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Hartford
Renard Best appeals the denial of his motion for a new trial, arguing: (1) the
trial court erred in finding that the indictment was proper, (2) the trial
court erred in holding that newly discovered evidence was not grounds for a new
trial, and (3) the trial court erred in not holding that the death penalty is
unconstitutional.  We affirm[1] pursuant to Rule 220(b)(1), SCACR and the following authorities:

1. As to whether the
trial court erred in finding the indictment was proper:  Rivers v.
Strickland,  264 S.C. 121, 124, 213 S.E.2d 97, 98 (1975) ("The
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.").

2. As to whether the
trial court erred in finding the newly discovered evidence was not proper
grounds for a new trial:  State v. Needs, 333 S.C. 134, 157-158,
508 S.E.2d 857, 869 (1998) (outlining what is required for a defendant to
prevail on a motion for a new trial based on after discovered evidence and
providing that "the granting of such a motion is not favored and, absent
error of law or abuse of discretion" the trial court should be affirmed). 
    

3. As to whether the
trial court erred in not finding the death penalty unconstitutional under the
South Carolina Constitution:  Rivers v. Strickland, 264 S.C. 121,
124, 213 S.E.2d 97, 98 (1975) ("The 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.

HUFF,
KONDUROS, and LOCKEMY, JJ., concur.

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