State v. Neal, 75--22
Decision Date | 08 December 1975 |
Docket Number | No. 75--22,75--22 |
Citation | 267 S.C. 53,226 S.E.2d 236 |
Court | South Carolina Supreme Court |
Parties | The STATE, Respondent, v. Lorenzo NEAL, Appellant. |
John A. Gaines, Florence, for appellant.
Sol. William L. Ferguson, Rock Hill, Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Joseph R. Barker, Columbia, for respondent.
On October 22, 1974, the appellant, represented by counsel, entered guilty pleas to two indictments charging drug violations, and was sentenced, in the aggregate, to 30 months, suspended upon service of four months and four years probation. On November 2, 1974, appellant made a motion, throuth other counsel, to be allowed to withdraw his guilty plea. The motion was denied by the lower court.
A motion to withdraw a guilty plea is addressed to the sound discretion of the trial judge before whom the plea was entered. State v. Cantrell, 250 S.C. 376, 158 S.E.2d 189 (1967). The trial judge found that the guilty pleas were intelligently and voluntarily made, which finding is supported by the record. We find no abuse in the exercise of his discretion.
The judgment of the lower court is affirmed pursuant to Rule 23 of the Rules of this Court.
To continue reading
Request your trial-
State v. Lambert, 20214
...the discretion of the trial judge. We find no abuse of discretion. State v. Cantrell, 250 S.C. 376, 158 S.E.2d 189 (1967); State v. Neal, S.C., 226 S.E.2d 236 (Memo Opinion #75--22, filed December 8, We again point out, at this time, that the failure of the trial judge to make certain that ......
-
Stevens v. Sun News
...226 S.E.2d 236 ... 267 S.C. 63 ... James P. STEVENS, Respondent, ... The SUN NEWS and the State-Record Company, Appellants ... No. 20242 ... Supreme Court of South Carolina ... June 15, 1976 ... ...
-
State v. Riddle, 21738
...judge denied the motion. 1 The withdrawal of a guilty plea is generally within the sound discretion of the trial judge. State v. Neal, 267 S.C. 53, 226 S.E.2d 236 (1975). In this case the trial judge determined the plea was knowingly and voluntarily entered. The trial judge informed appella......
-
State v. Lee, 21170
...finding that there was no violation of the agreement. Withdrawal of the plea was a matter of discretion for the judge. State v. Neal, 267 S.C. 53, 226 S.E.2d 236 (1975). We find no abuse of that We recognize the impact of Santobello, wherein it was found that there had been a violation of t......