| S.C. | Aug 5, 1985
ORDER
Appellant seeks a remand to the circuit court for the purpose of moving for a new trial. The motion is denied.
Appellant was tried and convicted of murder. His appeal is currently pending. Following his conviction and sentence, appellant entered into a post-conviction plea agreement whereby the solicitor’s office agreed not to oppose appellant’s motion for a new trial if appellant testified against his co-defendant. The solicitor agreed to allow appellant to plead to a lesser offense upon the grant of the motion. Appellant complied with the agreement and filed this motion.
The solicitor has broad discretion in choosing the offenses with which a defendant will be charged and in plea negotiations leading up to trial. See State v. Blackburn, 271 S. C. 324, 247 S.E.2d 334" date_filed="1978-08-24" court="S.C." case_name="State v. Blackburn">247 S. E. (2d) 334 (1978); Simmons v. State, 264 S. C. 417, 215 S.E.2d 883" date_filed="1975-04-28" court="S.C." case_name="Simmons v. State">215 S. E. (2d) 883 (1975). However, the solicitor has no authority to enter into plea negotiations with regard to a charge for which a defendant has already been sentenced. The decision to grant a new trial is for the trial judge. S. C. Code Ann. § 17-23-110 (1976).
The post conviction plea agreement appellant relies upon in his motion is invalid. The motion is denied.
This order shall be published with the opinions of the Court.