Opinion
2012-UP-014
01-25-2012
The State, Respondent, v. Andre Norris, Appellant.
Appellate Defender Elizabeth Franklin-Best, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor J. Strom Thurmond, Jr., of Aiken, for Respondent.
UNPUBLISHED OPINION
Submitted November 1, 2011
Appeal From Aiken County, Doyet A. Early, III, Circuit Court Judge
Appellate Defender Elizabeth Franklin-Best, of Columbia, for Appellant.
Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor J. Strom Thurmond, Jr., of Aiken, for Respondent.
PER CURIAM
Andre Norris appeals his conviction for kidnapping, arguing the circuit court erred in (1) denying his motion to withdraw his guilty plea and (2) violating his due process right to be present at a critical stage of the proceeding against him. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities:
We decide this case without oral argument pursuant to Rule 215, SCACR.
1. As to whether the circuit court erred in denying his motion to withdraw his guilty plea: State v. Riddle, 278 S.C. 148, 150, 292 S.E.2d 795, 796 (1982) ("The withdrawal of a guilty plea is generally within the sound discretion of the [circuit court]."); State v. Rikard, 371 S.C. 295, 301, 638 S.E.2d 72, 75 (Ct. App. 2006) ("A determination the plea was voluntarily entered will normally show the [circuit court] did not abuse [its] discretion." (internal quotation marks and citations omitted)); id. at 300-301, 638 S.E.2d at 75 ("[T]o knowingly and voluntarily enter a plea of guilty, all that is required is that a defendant has a full understanding of the consequences of [his] plea and the charges against [him].... Moreover, the record in a guilty plea proceeding must establish a factual basis for the plea." (internal citation omitted)).
2. As to whether the circuit court violated Norris's due process right to be present at a critical stage of the proceeding against him: State v. Huggins, 336 S.C. 200, 203 n.2, 519 S.E.2d 574, 575 n.2 (1999) (holding because appellant failed to raise the argument that his sentencing phase was unconstitutional to the circuit court, the issue was not preserved for review).
AFFIRMED.
FEW, C.J., THOMAS and KONDUROS, JJ., concur.