Phillips v. State

Ness, Justice:

Appellant, John H. Phillips, pled guilty to assault and battery of a high and aggravated nature and robbery, receiving consecutive sentences of five and ten years, respectively. He now appeals from the denial of his application for post-conviction relief, contending his failure to sign a waiver of indictment, as required by S. C. Code Ann. §§ 17-23-130 and 140 (1983 supp.), invalidated his guilty plea. We agree and reverse.

Appellant was indicted for kidnapping and robbery. After plea negotiations, the State allowed him to plead guilty to assault and battery, rather than…