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2012-UP-242 - State v. Green

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.

Gregory Green, Appellant.


Appeal From Horry County
Edward B. Cottingham, Circuit Court Judge


Unpublished Opinion No.  2012-UP-242   
Submitted April 2, 2012 – Filed April 25, 2012


AFFIRMED


Gregory Green, pro se, of Myrtle Beach.

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 J. Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Gregory Green appeals from the denial of his motion for relief from judgment, arguing his conviction for trafficking in crack cocaine, second offense should be vacated because (1) the plea court did not have subject matter jurisdiction and (2) the State breached a negotiated plea agreement.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  Rule 29, SCRCrimP ("Except for motions for new trials based on after-discovered evidence, post-trial motions shall be made within ten (10) days after the imposition of the sentence.").

AFFIRMED.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.


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