Corey B., In re, No. 22650
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | GREGORY; NESS; HARWELL |
| Citation | 291 S.C. 108,352 S.E.2d 470 |
| Parties | In re COREY B., a minor under the age of seventeen years, Appellant. . Heard |
| Decision Date | 08 December 1986 |
| Docket Number | No. 22650 |
Page 470
Decided Jan. 12, 1987.
[291 S.C. 109] Chief Atty. William Isaac Diggs and Deputy Chief Atty. Elizabeth C. Fullwood of S.C. Office of Appellant Defense, Columbia, for appellant.
Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Amie L. Clifford, and Sol. James C. Anders, Columbia, for respondent.
GREGORY, Justice:
Appellant was charged in two juvenile petitions with committing attempted first degree criminal sexual conduct. He was adjudicated delinquent upon a finding by the family court that he had committed first degree criminal sexual conduct. We reverse.
Appellant contends he could not be found guilty of first degree criminal sexual conduct when the juvenile petitions that were filed against him alleged only the lesser included offense of attempted first degree criminal sexual conduct. We agree.
Fairness and due process require that a criminal defendant receive sufficient notice of the charges against him to enable him to prepare a defense. Butler v. State, 277 S.C. 452, 290 S.E.2d 1 (1982); S.C. Const. Art. I, § 14. This requirement applies in a juvenile matter as well. In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 [291 S.C. 110] L.Ed.2d 527 (1967); see also S.C.Code Ann. § 20-7-740 (1985). Once convicted, a criminal defendant can be sentenced only upon the charges set forth or necessarily included in the terms of the indictment and not for a greater offense. Fewell v. State, 267 S.C. 17, 225 S.E.2d 853 (1976); see also State v. Tabory, 262 S.C. 136, 202 S.E.2d 852 (1974). Similarly, in a juvenile proceeding a minor cannot be found guilty of a greater offense than that alleged in the petition.
Accordingly, the judgment of the lower court is reversed and the case is remanded for a new proceeding.
REVERSED AND REMANDED.
NESS, C.J., and CHANDLER and FINNEY, JJ., concur.
HARWELL, J., not participating.
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In Interest of Arisha KS, No. 2845.
...due process and thus, our courts must ensure that due process and fair treatment surround a juvenile's plea of guilty. See In re Corey, 291 S.C. 108, 352 S.E.2d 470 (1987); In Interest of Dwayne M., 287 S.C. 413, 339 S.E.2d 130 II. In our opinion, application of Boykin has been restricted b......
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In re Jason T., No. 3164.
...an adult criminal defendant will receive sufficient notice of the charges against him also apply to juvenile matters. In re Corey B., 291 S.C. 108, 109-10, 352 S.E.2d 470 (1987) (holding a juvenile cannot be found guilty of a greater offense than alleged in the petition); see also In re Gau......
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State v. Baker, No. 27497.
...that a criminal defendant receive sufficient notice of the charges against him to enable him to prepare a defense.” In re Corey B., 291 S.C. 108, 109, 352 S.E.2d 470, 470 (1987).5 We emphasize that our decision does not preclude the State from re-indicting Baker for the four counts of commi......
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Dover v. State, No. 23392
...to accept Dover's plea and sentence him for second degree burglary. State v. Munn, 292 S.C. 497, 357 S.E.2d 461 (1987); In re: Corey B., 291 S.C. 108, 352 S.E.2d 470 (1987); see also State v. Riddle, 301 S.C. 211, 391 S.E.2d 253 (1990). I would vacate Dover's concurrent fifteen-year sentenc......
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In Interest of Arisha KS, No. 2845.
...due process and thus, our courts must ensure that due process and fair treatment surround a juvenile's plea of guilty. See In re Corey, 291 S.C. 108, 352 S.E.2d 470 (1987); In Interest of Dwayne M., 287 S.C. 413, 339 S.E.2d 130 II. In our opinion, application of Boykin has been restricted b......
-
In re Jason T., No. 3164.
...an adult criminal defendant will receive sufficient notice of the charges against him also apply to juvenile matters. In re Corey B., 291 S.C. 108, 109-10, 352 S.E.2d 470 (1987) (holding a juvenile cannot be found guilty of a greater offense than alleged in the petition); see also In re Gau......
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State v. Baker, No. 27497.
...that a criminal defendant receive sufficient notice of the charges against him to enable him to prepare a defense.” In re Corey B., 291 S.C. 108, 109, 352 S.E.2d 470, 470 (1987).5 We emphasize that our decision does not preclude the State from re-indicting Baker for the four counts of commi......
-
Dover v. State, No. 23392
...to accept Dover's plea and sentence him for second degree burglary. State v. Munn, 292 S.C. 497, 357 S.E.2d 461 (1987); In re: Corey B., 291 S.C. 108, 352 S.E.2d 470 (1987); see also State v. Riddle, 301 S.C. 211, 391 S.E.2d 253 (1990). I would vacate Dover's concurrent fifteen-year sentenc......