South Carolina v. Nesbitt
Annotate this CaseAppellant Charvus Nesbitt appealed a circuit court judgment finding that he entered a knowing and voluntary "Alford" plea to three of four charges listed in a negotiated plea agreement. On appeal, he argued that his plea agreement was a "package deal," and because his plea for one of the charges was invalid, please for the remaining charges were also invalid. The State conceded that the circuit court erred in failing to properly question and advise appellant of his rights with respect to the the charge appellant alleged was invalid. When the terms and obligations set forth in a plea agreement are not fulfilled, appellate courts may consider whether that failure constitutes harmless error. Here, Appellant received the forty-year sentence which he negotiated, and further received the benefit of having one of the charges against him essentially dropped, as his criminal record will only reflect three convictions and not four. Therefore, to the extent there was error, Appellant has suffered no prejudice. As such, the Supreme Court affirmed the circuit court.
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