State v. Fleming

Gardner, Judge:

Appellant Fleming (Fleming) was convicted in his absence of robbery on June 12, 1984; the following day Fleming appeared in court and was called before the trial judge for sentencing. Fleming argued he had no notice of the trial; the trial judge opined that he could “not go back of the trial.” We reverse and remand.

Rule 85(b) SCRCP provides that former Circuit Court Rule 35 shall henceforth be Rule 3, Criminal Practice Rules. This Rule is:

Except in cases wherein capital punishment is a permissible sentence, persons indicted for misdemeanors and/or felonies may voluntarily waive…