State v. Smalls

Chief Justice TOAL:

We granted certiorari to review the court of appeals’ decision in State v. Smalls, 354 S.C. 498, 581 S.E.2d 850 (Ct.App.2003), in which the court held that the trial court lacked subject matter jurisdiction to accept a plea. We reverse.

Factual / Procedural Background

Delbert Smalls (Defendant) was indicted by a grand jury for second-degree lynching. Defendant pled guilty to assault and battery of a high and aggravated nature (ABHAN),1 a charge for which he was never indicted. Defendant signed a sentencing sheet, which indicated that he waived presentment to the *346grand jury…