State v. McNeil

Connor, Judge:

Daniel McNeil was indicted for resisting arrest and grand larceny of a vehicle. He pleaded guilty to resisting arrest and possession of a stolen vehicle. On appeal, he argues the circuit court did not have subject matter jurisdiction to sentence him on the possession of a stolen vehicle charge because he did not specifically waive his right to be indicted by the grand jury on that charge. We vacate the guilty plea.

McNeil was indicted for grand larceny of a vehicle, but pleaded guilty to possession of a stolen vehicle. He signed a waiver on the bottom of the indictment for grand…