State v. Smalls

STILWELL, J.:

The Charleston County Grand Jury true-billed an indictment against Delbert Smalls for second-degree lynching. When the case was called to trial, he pled guilty to assault and battery of a high and aggravated nature (ABHAN) rather than the lynching charge. 1 The trial court accepted the guilty plea and sentenced Smalls as a youthful offender to a term of imprisonment not to exceed six years. Smalls appeals, argu ing the trial court lacked subject matter jurisdiction to accept the guilty plea. We agree and vacate the conviction.

BACKGROUND

Smalls’ indictment for second-degree…