State v. Gill6/23/2003
Heard April 10, 2003
AFFIRMED
Carlos M. Gill appeals his convictions for distribution of crack cocaine, distribution of crack cocaine within proximity of a school, and conspiracy to distribute crack cocaine. He argues the trial court (1) lacked subject matter jurisdiction on two of the charges because the indictments failed to allege that he "knowingly" committed the offenses and (2) erred in finding he waived his right to have an attorney represent him at trial. We affirm.
BACKGROUND
Undercover police officer William Graham, accompanied by Cora Lee Neil, an acquaintance of Gill's, made a controlled purchase of $40 worth of crack cocaine from Gill. The purchase was video and audio taped and occurred approximately 670 feet from an elementary school. Gill was not represented by counsel at trial. He was convicted as charged, sentenced to twenty-five years imprisonment and a $50,000 fine for distribution of crack cocaine; fifteen years and a $10,000 fine for distribution within proximity of a school; and five years for conspiracy, with all sentences to run concurrently.
LAW/ANALYSIS
I. SUBJECT MATTER JURISDICTION
Gill argues the trial court lacked subject matter jurisdiction to try him on the charges of distribution and distribution within the proximity of a school because the indictments failed to allege he "knowingly" committed the acts. We disagree.
Gill's indictment for distribution of crack cocaine alleged that he "did distribute, dispense, or deliver a quantity of crack cocaine... or did otherwise aid, abet, attempt, or conspire to distribute, dispense, or deliver crack cocaine, all in violation of Section 44-53-375...." Section 44-53-375 of the South Carolina Code provides that " person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony." S.C. Code Ann. § 44-53-375(B) (2002).
The indictment for distribution within proximity of a school provided that Gill "did unlawfully distribute a controlled substance,... to wit: crack cocaine, within a one-half mile radius of the grounds of York One Academy, a public school located in the city of York, South Carolina,... all in violation of Section 44-53-445...." Section 44-53-445 of the South Carolina Code provides it is a separate criminal offense to "distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school...." S.C. Code Ann. § 44-53-445(A) (2002).
Questions regarding subject matter jurisdiction may be raised at any time. Carter v. State, 329 S.C. 355, 362, 495 S.E.2d 773, 777 (1998); State v. Williams, 346 S.C. 424, 431, 552 S.E.2d 54, 58 (Ct. App. 2001). A trial court acquires subject matter jurisdiction over a criminal matter where "there is an indictment which sufficiently states the offense, the defendant waives presentment, or the offense is a lesser included offense of the crime charged in the indictment." State v. Primus, 349 S.C. 576, 579, 564 S.E.2d 103, 105 (2002); State v. Lynch, 344 S.C. 635, 639, 545 S.E.2d 511, 513 (2001); Carter, 329 S.C. at 362, 495 S.E.2d at 777.
An indictment is sufficient if the offense is stated with sufficient certainty and particularity to enable the court to know what judgment to pronounce, and the defendant to know wha
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