Knox v. State, No. 25114.
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | MOORE, Justice |
| Citation | 530 S.E.2d 887,340 S.C. 81 |
| Parties | John Wesley KNOX, Petitioner/respondent, v. STATE of South Carolina, Respondent/petitioner. |
| Decision Date | 24 April 2000 |
| Docket Number | No. 25114. |
340 S.C. 81
530 S.E.2d 887
v.
STATE of South Carolina, Respondent/petitioner
No. 25114.
Supreme Court of South Carolina.
Submitted March 22, 2000.
Decided April 24, 2000.
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. 84ISSUES
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
The State argues, however, that second degree lynching does include two circumstances of aggravation that may establish ABHAN, the intent to commit a...
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United States v. Montes-Flores, No. 12–4760.
...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 ......
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Thompson v. McFadden, C/A No. 5:15-cv-01568-TMC-KDW
...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. ......
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State v. LaCoste, No. 3383.
...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......
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State v. Gentry, No. 25949.
...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).......
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United States v. Montes-Flores, No. 12–4760.
...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 ......
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Thompson v. McFadden, C/A No. 5:15-cv-01568-TMC-KDW
...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. ......
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State v. LaCoste, No. 3383.
...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......
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State v. Gentry, No. 25949.
...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).......