Phillips v. State
| Decision Date | 19 March 1984 |
| Docket Number | No. 22058,22058 |
| Citation | 314 S.E.2d 313,281 S.C. 41 |
| Court | South Carolina Supreme Court |
| Parties | James H. PHILLIPS, Appellant, v. STATE of South Carolina, Respondent. |
Appellate Defender John L. Sweeny, Columbia, for appellant.
Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod, Asst. Attys.Gen. Donald J. Zelenka and Larry L. Vanderbilt, Columbia, for respondent.
Appellant, John H. Phillips, pled guilty to assault and battery of a high and aggravated nature and robbery, receiving consecutive sentences of five and ten years, respectively.He now appeals from the denial of his application for post-conviction relief, contending his failure to sign a waiver of indictment, as required by S.C.Code Ann. §§ 17-23-130and140(1983 supp.), invalidated his guilty plea.We agree and reverse.
Appellant was indicted for kidnapping and robbery.After plea negotiations, the State allowed him to plead guilty to assault and battery, rather than kidnapping, but did not present the assault charge to the grand jury.
"By their plain language, §§ 17-23-130and140 make a written waiver of presentment of indictments not presented to a grand jury mandatory before the trial judge can accept the plea."Summerall v. State, 278 S.C. 255, 256, 294 S.E.2d 344(1982).
Our decision in State v. Suttles, 279 S.C. 87, 302 S.E.2d 338(1983) is inapplicable to the present situation, as we hold assault and battery of a high and aggravated nature is not a lesser included offense of kidnapping.Consequently, we vacate the assault and battery plea and remand for further proceedings consistent with Summerall.
REVERSED and REMANDED.
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State v. Nesbitt
...[t]his decision has no bearing on the validity of the plea given by [Appellant] on the other three charges.” (Citing Phillips v. State, 281 S.C. 41, 314 S.E.2d 313 (1984) (finding that invalidating a defendant's guilty plea on one charge does not affect the validity of a guilty plea for a d......
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State v. Clarkson
...not presented to the grand jury. Summerall v. State, 278 S.C. 255, 256, 294 S.E.2d 344 (1982); see also Phillips v. State, 281 S.C. 41, 42, 314 S.E.2d 313, 314 (1984) ("By their plain language, §§ 17-23-130 and 140 make a written waiver of presentment of indictments not presented to a grand......
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Odom v. State
...guilty. We have held compliance with these sections is mandatory and, further, that they require a written waiver. Phillips v. State, 281 S.C. 41, 314 S.E.2d 313 (1984); State v. Martin, 278 S.C. 256, 294 S.E.2d 345 (1982); Summerall v. State, 278 S.C. 255, 294 S.E.2d 344 (1982); see also S......
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B. Assault and Battery
...Common law assault and battery of a high and aggravated nature was not a lesser-included offense of kidnapping. Phillips v. State, 281 S.C. 41, 314 S.E.2d 313 (1984). Consequently, indictment for the latter will not support conviction of the former absent a written wavier of the indictment.......
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B. The Act
...nature and for first degree criminal sexual assault. Aggravated assault is not a lesser included offense of kidnapping. Phillips v. State, 281 S.C. 41, 314 S.E.2d 313 (1984). Where it is clear that there was only a single criminal act, double jeopardy precludes multiple conviction and punis......
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A. Procedural Considerations
...grounds, 347 S.C. 115, 553 S.E.2d 450 (2001), overruled by State v. Gentry, 363 S.C. 93, 610 S.E.2d 494 (2005).[127] State v. Phillips, 281 S.C. 41, 314 S.E.2d 313 (1984); State v. Summerall, 278 S.C. 255, 294 S.E.2d 344 (1982); accord State v. Clarkson, 337 S.C. 518, 523 S.E.2d 817 (Ct. Ap......
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D. Kidnapping
...only the latter will not support conviction of the former, absent written waiver of indictment or consent to amendment. Phillips v. State, 281 S.C. 41, 314 S.E.2d 313 (1984). The act of kidnapping can have additional legal significance beyond the kidnapping statute itself. It is explicitly ......