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2005-UP-407 - State v. Green

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(1), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Doryan Jerriel Green,        Appellant.


Appeal From Florence County
Clifton Newman, Circuit Court Judge


Unpublished Opinion No. 2005-UP-407
Submitted June 1, 2005 – Filed June 24, 2005


AFFIRMED


Assistant Appellate Defender Aileen P. Clare, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General W. Rutledge Martin, Office of the Attorney General, all of Columbia; and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

PER CURIAM: Doryan Jerriel Green appeals from his guilty plea to attempted armed robbery, arguing the trial court lacked subject matter jurisdiction to accept his plea because his indictment failed to allege that he attempted to take property from a person or in the presence of a person.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authority: State v. Gentry, 363 S.C. 93, 610 S.E.2d 494 (2005) (holding that the sufficiency of an indictment is no longer to be considered an issue of subject matter jurisdiction, and therefore a defendant must raise an issue regarding the sufficiency of the indictment to the trial court in order to preserve the error for direct appellate review).

AFFIRMED.

HEARN, C.J., and BEATTY and SHORT, JJ., concur.


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