Knox v. State, No. 25114.

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtMOORE, Justice
Citation530 S.E.2d 887,340 S.C. 81
PartiesJohn Wesley KNOX, Petitioner/respondent, v. STATE of South Carolina, Respondent/petitioner.
Decision Date24 April 2000
Docket NumberNo. 25114.

340 S.C. 81
530 S.E.2d 887

John Wesley KNOX, Petitioner/respondent,
v.
STATE of South Carolina, Respondent/petitioner

No. 25114.

Supreme Court of South Carolina.

Submitted March 22, 2000.

Decided April 24, 2000.


340 S.C. 83
Aileen P. Clare, Office of Appellate Defense, of Columbia, for petitioner/respondent

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Teresa A. Knox, and Assistant Attorney General Matthew M. McGuire, all of Columbia, for respondent/petitioner.

MOORE, Justice:

Petitioner/respondent Knox pled guilty to first degree burglary, petty larceny, and a charge of assault and battery of a high and aggravated nature (ABHAN) arising from a separate incident.1 Knox subsequently commenced this action for postconviction relief (PCR) which was granted in part. We now vacate Knox's plea to ABHAN for lack of subject matter jurisdiction and reverse the grant of PCR on the burglary charge.

340 S.C. 84
ISSUES
1. Is ABHAN a lesser included offense of second degree lynching?
2. Is there evidence to support the grant of PCR?

DISCUSSION

1. ABHAN as lesser included offense

Knox was indicted for second degree lynching for beating the victim with a stick in concert with two others. He pled guilty to ABHAN. He now contends ABHAN is not a lesser included offense of second degree lynching and therefore the trial court had no jurisdiction to accept the plea. We agree.

Subject matter jurisdiction may be raised at any time. Johnson v. State, 319 S.C. 62, 459 S.E.2d 840 (1995). The trial court lacks subject matter jurisdiction to accept a plea unless: (1) there is an indictment that sufficiently states the offense, (2) the defendant has waived indictment, or (3) the plea is to a lesser included offense of the crime charged in the indictment. Carter v. State, 329 S.C. 355, 495 S.E.2d 773 (1998); Browning v. State, 320 S.C. 366, 465 S.E.2d 358 (1995). The test for determining when a crime is a lesser included offense is whether the greater of the two offenses includes all the elements of the lesser offense. Id. ABHAN is therefore a lesser included offense of second degree lynching only if second degree lynching contains all the elements of ABHAN.

Second degree lynching is defined as "any act of violence inflicted by a mob upon the body of another person and from which death does not result." S.C.Code Ann. § 16-3-220 (1985). A mob is "the assemblage of two or more persons, without color or authority of law, for the premeditated purpose and with the premeditated intent of committing an act of violence upon the person of another." S.C.Code Ann. § 16-3-230 (1985).

ABHAN is an unlawful act of violent injury to another person accompanied by circumstances of aggravation. State v. Easier, 327 S.C. 121, 489 S.E.2d 617 (1997). "Circumstances

340 S.C. 85
of aggravation" is an element of ABHAN not included in second degree lynching

The State argues, however, that second degree lynching does include two circumstances of aggravation that may establish ABHAN, the intent to commit a...

To continue reading

Request your trial
25 practice notes
  • United States v. Montes-Flores, No. 12–4760.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • November 26, 2013
    ...in felony DUI, ABHAN requires proof of ‘circumstances of aggravation,’ something which is not required for felony DUI”); Knox v. State, 340 S.C. 81, 530 S.E.2d 887, 889 (2000), overruled on other grounds by State v. Gentry, 363 S.C. 93, 610 S.E.2d 494, 502 (2005) (determining whether ABHAN ......
  • Thompson v. McFadden, C/A No. 5:15-cv-01568-TMC-KDW
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • April 8, 2016
    ...the functional equivalent of parole for other inmates. Applying Griffin v. Martin, 278 S.C. 620, 300 S.E.2d 482 (1983) and Knox v. State, 340 S.C. 81, 530 S.E.2d 887 (2000), the Supreme Court found that counsel is under no duty to advise a defendant about the community supervision program. ......
  • State v. LaCoste, No. 3383.
    • United States
    • Court of Appeals of South Carolina
    • September 4, 2001
    ...the greater offense without being guilty of the purported lesser offense, then the latter is not a lesser-included offense. Knox v. State, 340 S.C. 81, 530 S.E.2d 887 Generally, a lesser included offense is one composed of some, but not all, of the elements of the greater offense, and which......
  • State v. Gentry, No. 25949.
    • United States
    • United States State Supreme Court of South Carolina
    • March 7, 2005
    ...18. State v. McFadden, 342 S.C. 629, 539 S.E.2d 387 (2000). 19. Locke v. State, 341 S.C. 54, 533 S.E.2d 324 (2000). 20. Knox v. State, 340 S.C. 81, 530 S.E.2d 887 (2000). 21. Weinhauer v. State, 334 S.C. 327, 513 S.E.2d 840 (1999). 22. Browning v. State, 320 S.C. 366, 465 S.E.2d 358 (1995).......
  • Request a trial to view additional results
25 cases
  • United States v. Montes-Flores, No. 12–4760.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • November 26, 2013
    ...in felony DUI, ABHAN requires proof of ‘circumstances of aggravation,’ something which is not required for felony DUI”); Knox v. State, 340 S.C. 81, 530 S.E.2d 887, 889 (2000), overruled on other grounds by State v. Gentry, 363 S.C. 93, 610 S.E.2d 494, 502 (2005) (determining whether ABHAN ......
  • Thompson v. McFadden, C/A No. 5:15-cv-01568-TMC-KDW
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • April 8, 2016
    ...the functional equivalent of parole for other inmates. Applying Griffin v. Martin, 278 S.C. 620, 300 S.E.2d 482 (1983) and Knox v. State, 340 S.C. 81, 530 S.E.2d 887 (2000), the Supreme Court found that counsel is under no duty to advise a defendant about the community supervision program. ......
  • State v. LaCoste, No. 3383.
    • United States
    • Court of Appeals of South Carolina
    • September 4, 2001
    ...the greater offense without being guilty of the purported lesser offense, then the latter is not a lesser-included offense. Knox v. State, 340 S.C. 81, 530 S.E.2d 887 Generally, a lesser included offense is one composed of some, but not all, of the elements of the greater offense, and which......
  • State v. Gentry, No. 25949.
    • United States
    • United States State Supreme Court of South Carolina
    • March 7, 2005
    ...18. State v. McFadden, 342 S.C. 629, 539 S.E.2d 387 (2000). 19. Locke v. State, 341 S.C. 54, 533 S.E.2d 324 (2000). 20. Knox v. State, 340 S.C. 81, 530 S.E.2d 887 (2000). 21. Weinhauer v. State, 334 S.C. 327, 513 S.E.2d 840 (1999). 22. Browning v. State, 320 S.C. 366, 465 S.E.2d 358 (1995).......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT