State v. Harris ( 2003 )

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Johnny Harris, Jr., Appellant.

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Appeal From York County
Lee S. Alford, Circuit Court Judge

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Unpublished Opinion No.2003-UP-520 
Submitted July 1, 2003 – Filed August 27, 2003

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AFFIRMED

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Stephen D. Schusterman, of Rock Hill, for Appellant

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Asst. Attorney General Harold M. Coombs, Jr., all of Columbia;  and Solicitor Thomas E. Pope, of York, for Respondent.

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PER CURIAM:  In May 2002, Harris pleaded guilty to one count of possession of crack cocaine with intent to distribute, first offense, during guilty plea proceedings in which the trial court found Harris made the guilty plea freely, voluntarily, and intelligently.  The court accepted Harris’s guilty plea on the charge.  Harris appeals, arguing the trial court erred in admitting his plea because he did not make it intelligently. We affirm [1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Boykin v. Alabama, 395 U.S. 238 (1965) (holding that to find a guilty plea is voluntarily and knowingly entered into, the record must establish the defendant had a full understanding of the consequences of his plea and the charges against him);  State v. McKinney, 278 S.C. 107, 292 S.E.2d 598 (1982) (holding that absent a timely objection during the guilty plea proceeding, the unknowing, involuntary, or unintelligent nature of a guilty plea cannot be raised on direct appeal, but must instead be addressed through the more appropriate channel of post-conviction relief).

AFFIRMED.

GOOLSBY, BEATTY, and KITTREDGE, JJ., concur.

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[1] We decide this case without oral argument pursuant to Rule 215, SCAR.