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2008-UP-091 - State v. Young

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.

Derrek Young, Appellant.


Appeal From Spartanburg County
 J. Derham Cole, Circuit Court Judge


Unpublished Opinion No. 2008-UP-091
Submitted February 1, 2008 – Filed February 8, 2008  


AFFIRMED


Appellate Defender Lanelle C. Durant, 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 Norman Mark Rapoport, all of Columbia; and Solicitor Harold W. Gowdy, of Spartanburg, for Respondent.

PER CURIAM: Derrek Young pled guilty to two counts of trafficking in powder cocaine over twenty-eight grams.  Young appeals, arguing the plea judge erred in considering the two counts as two strikes against him, rather than just one.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authority:  State v. Thomason, 341 S.C. 524, 526, 534 S.E.2d 708, 710 (Ct. App. 2000) (“A guilty plea generally acts as a waiver of all non-jurisdictional defects and defenses.”). 

AFFIRMED.

HEARN, C.J., PIEPER, J., and GOOLSBY, A.J., concur.


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