Bonnette v. State

Appellant pleaded guilty to breaking into a motor vehicle and larceny and was sentenced to fifteen (15) years’ imprisonment. He now appeals the denial, after a hearing, of his post-conviction relief application. Appellant alleges the post-conviction judge erred in ruling appellant waived his right to a preliminary hearing, and contends without that hearing the trial court lacked jurisdiction to entertain his plea.

Section 22-5-320, South Carolina Code of Laws (1976), in effect at the time in question, establishes appellant’s right to a preliminary hearing upon proper demand. We have held…