STATE v. SMALLS

No. 3638.

354 S.C. 498 (2003)

581 S.E.2d 850

The STATE, Respondent, v. Delbert Louis SMALLS, Appellant.

Court of Appeals of South Carolina.

Decided May 5, 2003.

Rehearing Denied June 26, 2003.


Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Pachak of SC Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.


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, arguing

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