Opinion
2016-UP-110
03-02-2016
Kevin J. Daniels, Appellant, v. South Carolina Department of Corrections, Respondent. Appellate Case No. 2014-002613
Kevin J. Daniels, pro se. Christina Catoe Bigelow, of the South Carolina Department of Corrections, of Columbia, for Respondent.
UNPUBLISHED OPINION
Submitted February 1, 2016
Appeal From The Administrative Law Court John D. McLeod, Administrative Law Judge
Kevin J. Daniels, pro se.
Christina Catoe Bigelow, of the South Carolina Department of Corrections, of Columbia, for Respondent.
PER CURIAM.
Kevin Daniels appeals the Administrative Law Court's (ALC's) order affirming the South Carolina Department of Corrections' (SCDC's) decision, which denied Daniels's Step 2 grievance and found he was properly credited for time served. On appeal, Daniels argues (1) SCDC unlawfully imposed a suspended sentence upon him without notice and a hearing, (2) he is entitled to 388 days of time served credited to his concurrent sentences, and (3) SCDC's decision was in violation of a constitutional or statutory provision, in excess of statutory authority of the agency, made upon unlawful procedure, clearly erroneous, or an unwarranted exercise of discretion. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:
We decide this case without oral argument pursuant to Rule 215, SCACR.
1. As to whether the ALC erred in finding Daniels was not entitled to 388 days of time served credited to his concurrent sentences: S.C. Code Ann. § 24-13-40 (Supp. 2015) ("The computation of time served by prisoners under sentences imposed by the courts of this State must be calculated from the date of the imposition of the sentence."); id. ("[I]n computing the time served by a prisoner, full credit against the sentence must be given for time served prior to trial and sentencing . . . ."); Crooks v. State, 326 S.C. 171, 174-75, 485 S.E.2d 374, 375-76 (1997) (finding an offender could not receive credit for detention before an offense was charged).
2. As to Daniels's remaining issues: West v. Newberry Elec. Coop., 357 S.C. 537, 543, 593 S.E.2d 500, 503 (Ct. App. 2004) (finding an issue neither addressed in the final order nor mentioned in a subsequent Rule 59(e) motion is not preserved for review).
AFFIRMED.
FEW, C.J, and SHORT and THOMAS, JJ, concur