State v.Flowers

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State, Respondent,
v.
Willia Jean Flowers, Appellant.
Appellate Case No. 2016-002239
Appeal From Charleston County
Kristi Lea Harrington, Circuit Court Judge
Unpublished Opinion No. 2018-UP-407
Submitted September 1, 2018 – Filed November 7, 2018
AFFIRMED
Appellate Defender Robert M. Pachak, of Columbia, for
Appellant.
Matthew C. Buchanan, of the Department of Probation,
Parole, and Pardon Services, of Columbia, for
Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Rikard, 371 S.C. 295, 300, 638 S.E.2d 72, 75 (Ct. App. 2006)
("[T]o knowingly and voluntarily enter a plea of guilty, all that is required is that a
defendant has a full understanding of the consequences of her plea and the charges
against her."); State v. Cantrell, 250 S.C. 376, 378, 158 S.E.2d 189, 191 (1967) ("A
motion to withdraw a plea of guilty, and to be allowed to enter a plea of not guilty,
addresses itself to the discretion of the trial [court] before whom the plea is
entered, and, in the absence of a clear abuse of that discretion, this court will not
interfere."); id. at 380, 158 S.E.2d at 191-92 ("An accused is not permitted to
speculate on the supposed clemency of the [trial court] and enter a plea of guilty
with the right to retract it if he finds that his expectation was not realized."); S.C.
Code Ann. § 24-21-430 (Supp. 2017) (listing thirteen conditions of probation, one
being that a probationer shall "refrain from the violations of any state or federal
penal laws"); S.C. Code Ann. § 24-21-450 (2007) ("At any time during the period
of probation or suspension of sentence the court, or the court within the venue of
which the violation occurs, or the probation agent may issue or cause the issuing of
a warrant and cause the defendant to be arrested for violating any of the conditions
of probation or suspension of sentence. . . ."); State v. Lee, 350 S.C. 125, 132, 564
S.E.2d 372, 376 (Ct. App. 2002) ("Subject matter jurisdiction to revoke an
individual's probation is conferred on the [trial court] by either the issuance of a
probation violation warrant or the issuance of a probation violation citation and
affidavit in lieu of a warrant."); State v. Archie, 322 S.C. 135, 136-37, 470 S.E.2d
380, 381 (Ct. App. 1996) ("This court will not disturb the [trial] court's decision to
revoke probation unless the decision was influenced by an error of law, was
without evidentiary support, or constituted an abuse of discretion."); State v.
Franks, 276 S.C. 636, 639, 281 S.E.2d 227, 228 (1981) ("[W]hile a person
convicted of a crime is still restrained within the confines of his probation, he does
not enjoy the same unfettered constitutional privileges available to those not so
confined."); Lee, 350 S.C. at 131, 564 S.E.2d at 375 ("However, the authority of
the revoking court should always be predicated upon an evidentiary showing of
fact tending to establish a violation of the conditions.").
AFFIRMED.1
LOCKEMY, C.J., and THOMAS and GEATHERS, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.