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2011-UP-523 - State v. Chambers

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.

Willie Chambers, Appellant.


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


Unpublished Opinion No.  2011-UP-523 
Submitted November 1, 2011 – Filed December 1, 2011


AFFIRMED


Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia; and Solicitor Barry J. Barnette, of Spartanburg, for Respondent.

PER CURIAM:  Willie Chambers requests a new trial and appeals his voluntary manslaughter guilty plea, arguing the circuit court erred in not allowing Chambers to withdraw his guilty plea because: (1) the State breached its plea agreement with Chambers by indicting him for murder; (2) the second plea agreement was illusory; and (3) there was no factual basis for Chambers's guilty plea.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1.  As to whether the circuit court erred in refusing to allow Chambers to withdraw his guilty plea when the State breached an initial plea agreement and entered into an illusory second plea agreement:  State v. Riddle, 278 S.C. 148, 150, 292 S.E.2d 795, 796 (1982) ("The withdrawal of a guilty plea is generally within the sound discretion of the [circuit court]."); State v Rikard, 371 S.C. 295, 301, 638 S.E.2d 72, 75 (Ct. App. 2006) ("A determination the plea was voluntarily entered 'will normally show the [circuit court] did not abuse [its] discretion.'" (quoting Riddle, 278 S.C. at 150, 292 S.E.2d at 796)).

2. As to whether the circuit court erred in refusing to allow Chambers to withdraw his guilty plea where there was no factual basis for his plea:  State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94 (2003) ("In order for an issue to be preserved for appellate review, it must have been raised to and ruled upon by the [circuit court].  Issues not raised and ruled upon in the [circuit] court will not be considered on appeal.").

AFFIRMED.

HUFF, PIEPER, and LOCKEMY, JJ., concur.


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