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2010-UP-057 - The State v. Abraham Kelty

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.

Abraham Kelty, Appellant.


Appeal From Jasper County
Howard P. King, Circuit Court Judge


Unpublished Opinion No. 2010-UP-057
Submitted January 4, 2010 – Filed January 28, 2010   


AFFIRMED


Appellate Defender LaNelle DuRant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Deborah R.J. Shupe, all of Columbia; Solicitor I. McDuffie Stone, III, of Beaufort, for Respondent.

PER CURIAM:  Abraham Kelty appeals his guilty plea and sentence for armed robbery.  On appeal, Kelty maintains the plea court erred by denying his motion for a mental evaluation and then accepting his guilty plea.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Passaro, 350 S.C. 499, 505, 567 S.E.2d 862, 866 (2002) ("[A] guilty plea generally constitutes a waiver of non-jurisdictional defects and claims of violations of constitutional rights."); State v. Munsch, 287 S.C. 313, 314, 338 S.E.2d 329, 330 (1985) ("Guilty pleas act as a waiver of all non-jurisdictional defects and defenses."); Id. (holding a guilty plea "leaves open for review only the sufficiency of the indictment and waives all other defenses"); Roddy v. State, 339 S.C. 29, 34, 528 S.E.2d 418, 421 (2000) ("In order for a defendant to knowingly and voluntarily plead guilty, he must have a full understanding of the consequences of the plea.").

AFFIRMED.

SHORT, THOMAS, and KONDUROS, JJ., concur.


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