State v. Chambers

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.

Willie
Chambers, Appellant.

Appeal from Spartanburg County

J. Derham Cole, Circuit Court Judge

Unpublished Opinion No.  2011-UP-523 

Submitted November 1, 2011 – Filed
December 1, 2011

AFFIRMED

Appellate Defender Elizabeth A. Franklin-Best,
of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia;
and Solicitor Barry J. Barnette, of Spartanburg, for Respondent.

PER CURIAM:  Willie
Chambers requests a new trial and appeals his voluntary manslaughter guilty
plea, arguing the circuit court erred in not allowing Chambers to withdraw his
guilty plea because: (1) the State breached its plea agreement with Chambers by
indicting him for murder; (2) the second plea agreement was illusory; and (3)
there was no factual basis for Chambers's guilty plea.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1.  As to
whether the circuit court erred in
refusing to allow Chambers to withdraw his guilty plea when the State breached
an initial plea agreement and entered into an illusory second plea agreement:  State
v. Riddle, 278 S.C. 148, 150, 292 S.E.2d 795, 796 (1982) ("The
withdrawal of a guilty plea is generally within the sound discretion of the
[circuit court]."); State v Rikard, 371 S.C. 295, 301, 638 S.E.2d
72, 75 (Ct. App. 2006) ("A determination the plea was voluntarily entered
'will normally show the [circuit court] did not abuse [its] discretion.'"
(quoting Riddle, 278 S.C. at 150, 292 S.E.2d at 796)).

2. As to whether the circuit
court erred in refusing to allow Chambers to withdraw his guilty plea where
there was no factual basis for his plea:  State v. Dunbar, 356 S.C.
138, 142, 587 S.E.2d 691, 693-94 (2003) ("In order for an issue to be
preserved for appellate review, it must have been raised to and ruled upon by
the [circuit court].  Issues not raised and ruled upon in the [circuit] court
will not be considered on appeal.").

AFFIRMED.

HUFF, PIEPER, and LOCKEMY,
JJ., concur.

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