Tuesday, December 05, 2006

S.C. Supreme Court vacates sentence because of conditional guilty pleas

In In re Lee, a juvenile pled guilty to disturbing the schools (which is prohibited by statute) and conditioned the plea on his right to appeal the issue of whether the statute is unconstitutional. The Supreme Court held a conditional plea may not be accepted and vacated the sentence. Under South Carolina law, if an accused attempts to attach any condition or qualification to a plea, the trial court should direct a plea of not guilty.

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