State v. Hazel

Appellant Wanda Jean Hazel challenges the denial of a request to withdraw her plea of guilty to kidnapping, for which she was sentenced to life imprisonment. Appellant claims that her plea was the result of improper advice from her attorney and misleading statements by the trial judge regarding the sentence for kidnapping. We agree.

Section 16-3-910 of the S. C. Code of Laws (Cum. Supp. 1979) provides that a person convicted of kidnapping "shall suffer the punishment of life imprisonment unless sentenced for murder as provided in § 16-3-20.” (Emphasis supplied.) This provision is mandatory.…