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2005-UP-526 - State v. Henderson

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)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Anthony Ryan Henderson,        Appellant.


Appeal From Spartanburg County
Reginald I. Lloyd, Circuit Court Judge


Unpublished Opinion No. 2005-UP-526
Submitted September 1, 2005 – Filed September 15, 2005


AFFIRMED


Acting Deputy Chief Attorney Wanda H. Carter, 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 David A. Spencer, Office of the Attorney General, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  In July 2003, Anthony Ryan Henderson, pled guilty to several charges, including malicious injury to personal property of less than $1,000.  Henderson’s appellate counsel filed an Anders brief, attaching to the brief a petition to be relieved as counsel stating that she had reviewed the record and concluded the appeal lacked merit.  This court denied the petition to be relieved and ordered the parties to brief the issue of whether the plea court had subject matter jurisdiction to accept appellant’s guilty plea to malicious injury to personal property less than $1,000.  We now affirm pursuant to Rule 220(b), SCACR and the following authorities:  State v. Gentry, 363 S.C. 93, 102 n.6, 610 S.E.2d 494, 499 n.6 (2005) (“[A] presentment of an indictment or a waiver of presentment is not needed to confer subject matter jurisdiction on the circuit court. . . .  A defendant must object if he is not presented with the indictment or if he has not waived his right to presentment.  If the defendant does not object, he is deemed to have waived the right to presentment.”); State v. Smalls, ___ S.C. ___, ___, 613 S.E.2d 754, 756 (2005) (holding that “signing a sentencing sheet for a charge to which a defendant has pled guilty constitutes a written waiver of presentment.”).

AFFIRMED.1

ANDERSON, HUFF, and WILLIAMS, JJ., concur.


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