Opinion
2011-UP-560
12-13-2011
Robert Rondeau, Respondent, v. South Carolina Department of Corrections, Appellant.
Michael Laubshire, of Columbia, for Appellant. Robert Rondeau, pro se, of Piedmont.
UNPUBLISHED OPINION
Submitted November 1, 2011
Appeal from the Administrative Law Court Deborah Brooks Durden, Administrative Law Judge
Michael Laubshire, of Columbia, for Appellant.
Robert Rondeau, pro se, of Piedmont.
PER CURIAM
The South Carolina Department of Corrections (the Department) appeals the Administrative Law Court's (ALC) order reversing the Department's denial of Robert Rondeau's inmate grievance in which Rondeau objected to the Department's calculation of his sentence. The Department argues the ALC (1) did not properly exercise its jurisdiction and (2) erred by finding the Department incorrectly calculated Rondeau's sentence. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities:
We decide this case without oral argument pursuant to Rule 215, SCACR.
1. As to whether the ALC properly exercised its jurisdiction: Al-Shabazz v. State, 338 S.C. 354, 369, 527 S.E.2d 742, 750 (2000) (holding the ALC has jurisdiction when the inmate contends his/her sentence has been erroneously calculated).
2. As to whether the Department incorrectly calculated Rondeau's sentence: S.C. Code Ann. § 24-13-40 (Supp. 2010) (explaining a prisoner must be given full credit for time served prior to trial and sentencing save for two specific exceptions); Allen v. State, 339 S.C. 393, 395, 529 S.E.2d 541, 542 (2000) (explaining section 24-13-40 requires a prisoner to receive credit for all time served unless prisoner was an escapee or prisoner was already serving a sentence for a separate offense).
AFFIRMED.
HUFF, PIEPER, and LOCKEMY, JJ., concur.