State v. Martin

Appellant pled guilty to receiving stolen goods and was sentenced to eight years. We vacate the guilty plea and remand for further proceedings.

Appellant was indicted for housebreaking and larceny but pled guilty to receiving stolen goods. Appellant was never indicted for receiving stolen goods. No presentment to the grand jury was made for receiving stolen goods. No waiver of presentment was accomplished in accord with South Carolina Code of Laws Ann. §§ 17-23-120 to 140 (Supp. 1981).

The plea must be vacated under our holding in Summerall v. State, S. C. 294 S. E. (2d) 344 Op. No. 21773,…