In re Lee

Summary

The South Carolina Supreme Court held that a trial court may not accept conditional guilty pleas. Because the appellant conditioned his disturbing-school pleas on preserving the right to appeal the constitutionality of the statute, those pleas were vacated. The court also vacated the combined sentence and remanded for resentencing or further proceedings.

Holdings

1. A South Carolina trial court may not accept a guilty plea that is conditioned on the defendant's right to appeal a legal or constitutional issue; the conditional plea must be rejected and the defendant directed to plead not guilty.
2. The challenge to the conditional pleas was not forfeited merely because Lee did not raise the issue at the later disposition hearing or move to withdraw the pleas.
3. Only the conditional disturbing-school pleas were vacated, and the unconditional nolo contendere plea to threatening a public official and the unappealed guilty plea to malicious injury to property remained valid; however, the combination sentence was vacated.

Questions Presented

1. Whether the trial court could accept guilty pleas conditioned on preserving the defendant's right to appeal the constitutionality of the statute.
2. Whether the conditional pleas, the defendant's other pleas, and the combination sentence were subject to vacatur.

Disposition

reversed_and_remanded