State v. Gilliam

Appellant, Guy Gilliam, plead guilty to assault and battery of a high and aggravated nature. He now appeals from the denial of a motion to withdraw his plea. We reverse.

At the guilty plea proceeding, the solicitor informed the trial judge that he and the appellant’s attorney had agreed that in exchange for a recommendation to defer sentencing, appellant would leave South Carolina. Under the agreement, the appellant would only be sentenced if he returned to South Carolina. Initially, the trial judge sentenced appellant to one (1) year imprisonment, suspended, but after the solicitor again…