Corey B., In re, No. 22650

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtGREGORY; NESS; HARWELL
Citation291 S.C. 108,352 S.E.2d 470
PartiesIn re COREY B., a minor under the age of seventeen years, Appellant. . Heard
Decision Date08 December 1986
Docket NumberNo. 22650

Page 470

352 S.E.2d 470
291 S.C. 108
In re COREY B., a minor under the age of seventeen years, Appellant.
No. 22650.
Supreme Court of South Carolina.
Heard Dec. 8, 1986.
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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5 practice notes
  • In Interest of Arisha KS, No. 2845.
    • United States
    • Court of Appeals of South Carolina
    • May 11, 1998
    ...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.
    • United States
    • Court of Appeals of South Carolina
    • May 22, 2000
    ...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......
  • State v. Baker, No. 27497.
    • United States
    • United States State Supreme Court of South Carolina
    • February 11, 2015
    ...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
    • United States
    • United States State Supreme Court of South Carolina
    • May 6, 1991
    ...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......
  • Request a trial to view additional results
5 cases
  • In Interest of Arisha KS, No. 2845.
    • United States
    • Court of Appeals of South Carolina
    • May 11, 1998
    ...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.
    • United States
    • Court of Appeals of South Carolina
    • May 22, 2000
    ...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......
  • State v. Baker, No. 27497.
    • United States
    • United States State Supreme Court of South Carolina
    • February 11, 2015
    ...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
    • United States
    • United States State Supreme Court of South Carolina
    • May 6, 1991
    ...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......
  • Request a trial to view additional results

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