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State v. Goode

Court of Appeals of South Carolina
May 22, 2013
2013-UP-208 (S.C. Ct. App. May. 22, 2013)

Opinion

2013-UP-208

05-22-2013

The State, Respondent, v. Jerry Alan Goode, Appellant. Appellate Case No. 2011-197007

Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent.


UNPUBLISHED OPINION

Submitted April 1, 2013

Appeal From York County G. Thomas Cooper, Jr., Circuit Court Judge

Appellate Defender David Alexander, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent.

PER CURIAM

Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Code Ann. § 24-13-40 (2007) ("In every case in computing the time served by a prisoner, full credit against the sentence shall be given for time served prior to trial and sentencing. Provided, however, that credit for time served prior to trial and sentencing shall not be given . . . when the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which case he shall not receive credit for time served prior to trial in a reduction of his sentence for the second offense." (emphasis added)); see also Blakeney v. State, 339 S.C. 86, 89, 529 S.E. 9, 11 (2000) (holding a prisoner serving time in jail awaiting trial and sentencing on an unrelated charge was entitled to credit for time served after a hold was placed on him and a warrant for his arrest was issued); Crooks v. State, 326 S.C. 171, 174-75, 485 S.E.2d 374, 375-76 (1997) (holding time served in section 24-13-40 means the time during which a defendant is in pre-trial confinement and charged with the offense for which he is sentenced, as long as he is not serving time for a prior conviction); State v. Benton, 338 S.C. 151, 157, 526 S.E.2d 228, 231 (2000) (holding an issue is not preserved for appellate consideration if the appellant concedes the issue in the trial court).

AFFIRMED.

We decide this case without oral argument pursuant to Rule 215, SCACR.

FEW, C. J, and GEATHERS and LOCKEMY, JJ, concur


Summaries of

State v. Goode

Court of Appeals of South Carolina
May 22, 2013
2013-UP-208 (S.C. Ct. App. May. 22, 2013)
Case details for

State v. Goode

Case Details

Full title:The State, Respondent, v. Jerry Alan Goode, Appellant. Appellate Case No…

Court:Court of Appeals of South Carolina

Date published: May 22, 2013

Citations

2013-UP-208 (S.C. Ct. App. May. 22, 2013)