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2009-UP-597 - The State v. Rudolph Holden

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.

Rudolph Holden, Appellant.


Appeal From Laurens County
Brooks P. Goldsmith, Circuit Court Judge


Unpublished Opinion No. 2009-UP-597
Submitted December 1, 2009 – Filed December 15, 2009   


AFFIRMED


Thomas J. Quinn, of Greenville, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Jerry W. Peace, of Greenwood, for Respondent.

PER CURIAM:  Rudolph Holden appeals the trial court's denial of his motion for an evidentiary hearing.  He argues the trial court erred in denying his motion because an evidentiary hearing would establish his guilty plea was not voluntary and he did not make a knowing and intelligent waiver of the right to counsel.  We affirm pursuant to Rule 220(b), SCACR, and the following authority: Bray v. State, 366 S.C. 137, 140, 620 S.E.2d 743, 745 (2005) (holding the doctrine of laches bars an action where there is an unexpected delay in bringing the claim).

AFFIRMED.[1]

HUFF, GEATHERS, JJ., and CURETON, A.J., concur. 


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