Legal Opinion
State v. Knuckles
Court of Appeals of South Carolina
Decided January 28, 2002No. 3438PublishedCited by 4 opinions
1Opinion of the CourtCureton, J.
Harold Knuckles was charged with driving under the influence (DUI), pled guilty, and was convicted. Knuckles appeals asserting the circuit court lacked subject matter jurisdiction to accept his plea because the indictment charging him with DUI did not contain all of the statutory elements of the offense. We agree and vacate the conviction.1
FACTS
On July 17,1998, Trooper Godfrey of the Highway Patrol responded to a traffic call from a Metro Narcotics Officer. Upon his arrival at the scene, Godfrey encountered Knuckles, performed sobriety tests, and determined Knuckles was under the influence.…
2Cases cited15 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- State v. TorrenceSupreme Court of South Carolina · 1991
- TNS Mills, Inc. v. South Carolina Department of RevenueSupreme Court of South Carolina · 1998
- State v. AdamsSupreme Court of South Carolina · 1981
- State v. BlackmonSupreme Court of South Carolina · 1991
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3Cited by4 opinions
- State v. LeopardCourt of Appeals of South Carolina · 2002
- State v. KnucklesSupreme Court of South Carolina · 2003
- State v. ReddickCourt of Appeals of South Carolina · 2002
- State v. ReddickCourt of Appeals of South Carolina · 2002