United States v. Margheim, No. 12-1459 (10th Cir. 2014)
Annotate this CaseThe South Carolina Supreme Court granted certiorari in this post-conviction relief (PCR) action to review the Court of Appeals' decision, which remanded for a determination of the lawfulness of Antonio Bordeaux's sentence. Bordeaux's plea agreement was capped at a sentence of twenty-five years. He pled guilty to two counts of armed robbery and two counts of burglary. He was sentenced to twenty-four years' imprisonment on the armed robbery charges, and to twenty-five years' imprisonment, suspended upon the service of twenty years with three years' probation on the burglary counts. Bordeaux's plea proceeding was conducted simultaneously with that of a co-defendant, Wesley Washington. Washington had been indicted on two counts of first degree burglary, but pleaded guilty to two counts of second degree burglary. The transcript reflected that the plea colloquy with the trial judge alternated between Bordeaux and Washington. During Bordeaux's plea colloquy, he acknowledged on at least seven occasions that he was pleading guilty to two counts of first degree burglary. At sentencing, Bordeaux was again reminded, and acknowledged, that he was being sentenced pursuant to his plea negotiations for two counts of first degree burglary, each of which carried a minimum fifteen-year sentence, and a maximum of life imprisonment. The State argued the Court of Appeals erred because the unambiguous plea colloquy and imposition of sentence control over the ambiguous written sentence. To this point, the Supreme Court agreed: it was clear Bordeaux pleaded guilty to first degree burglary, was sentenced within the legal limits for that crime, and in consonance with his negotiated plea agreement. The Court therefore affirmed in part and reversed in part.
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