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2010-UP-233 - State v. Le

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.

Thuan Van Le, Appellant.


Appeal From Florence County
Michael G. Nettles, Circuit Court Judge


Unpublished Opinion No. 2010-UP-233
Submitted March 1, 2010 – Filed April 8, 2010   


AFFIRMED


James  McBratney, Jr., of Florence, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R.J. Shupe, of Columbia; and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

PER CURIAM:  Thuan Van Le appeals his guilty plea, made pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), to one count of conspiracy to traffic between one hundred and one thousand marijuana plants, arguing: (1) there was no indictment for the crime; and (2) he did not knowingly and voluntarily waive presentment of an indictment to a grand jury.  We affirm[1]  pursuant to Rule 220(b), SCACR, and the following authorities: In re Arisha K.S., 331 S.C. 288, 293-94, 501 S.E.2d 128, 131 (1998) (holding the voluntariness of a guilty plea must be raised by objection to the trial court in order to be preserved for appeal); Rivers v. Strickland, 264 S.C. 121, 124, 213 S.E.2d 97, 98 (1975) (stating "[t]he general rule is that a plea of guilty, voluntarily and understandingly made, constitutes a waiver of nonjurisdictional defects and defenses, including claims of violation of constitutional rights prior to the plea").

AFFIRMED.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.


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