State v. Green, 5907

CourtCourt of Appeals of South Carolina
Writing for the CourtHILL, J.
PartiesThe State, Respondent, v. Sherwin Alfonzo Green, Appellant.
Decision Date04 May 2022
Docket Number5907,Appellate Case 2019-000441

The State, Respondent,
v.

Sherwin Alfonzo Green, Appellant.

No. 5907

Appellate Case No. 2019-000441

Court of Appeals of South Carolina

May 4, 2022


Submitted: February 1, 2022

Appeal From Kershaw County L. Casey Manning, Circuit Court Judge.

Appellate Defender Victor R. Seeger, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

HILL, J.

Sherwin A. Green appeals his convictions for kidnapping, second-degree burglary, and two firearm offenses. Green contends the State violated his right to a speedy trial under the Sixth and Fourteenth Amendments of the United States Constitution and Article I, Section 14 of the South Carolina Constitution. We affirm.

1

I. FACTS

Green was arrested on various charges in December 2012 and indicted in May 2013. He made several speedy trial motions thereafter. He contended the State was delaying his trial to pressure him into cooperating and testifying in a capital murder case. The State claimed Green had consented to the delays and moved for continuances on his own. In September 2018, Judge L. Casey Manning denied Green's third speedy trial motion. The next day, Green pled guilty pursuant to a negotiated plea agreement, which provided he would not receive more than twenty years' imprisonment. Judge Manning accepted the guilty pleas and sentenced Green to concurrent sentences of twenty years' imprisonment for kidnapping, fifteen years' imprisonment for the burglary charge, and five years' imprisonment on each of the firearms charges.

Green moved for reconsideration of his sentence based on his assistance to the State and argued the circuit court never ruled on the merits of his speedy trial motion. Following a hearing, Judge Manning denied Green's speedy trial motion but granted Green's motion to reconsider his sentence, reducing Green's sentence to an aggregate term of twelve years' imprisonment. This appeal follows.

II. DISCUSSION

Our standard of review in criminal cases is limited to correcting errors of law. State v. Baccus, 367 S.C. 41, 48, 625 S.E.2d 216, 220 (2006). We are bound by the facts as the trial court found them, unless they are clearly erroneous. Id.

Green argues the State denied him his right to a speedy trial by purposefully delaying his case for thirty-three months, causing him actual prejudice. Green claims he never waived his right to appeal the violation of his right to a speedy trial, and his appeal concerns the State's right to prosecute him. We disagree.

"Few principles of South Carolina criminal law are as ingrained as the notion that a knowing, voluntary, and intelligent guilty plea 'constitutes a waiver of nonjurisdictional defects and claims of violations of constitutional rights.'" State v. Sims, 423 S.C. 397, 400, 814 S.E.2d 632, 633 (Ct. App. 2018) (quoting State v. Rice, 401 S.C. 330, 331-32, 737 S.E.2d...

To continue reading

Request your trial

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