Opinion
2015-MO-068
12-02-2015
Jimmy Lee Duncan, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2011-203246
Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General James Rutledge Johnson, both of Columbia, for Respondent.
UNPUBLISHED OPINION
Submitted September 22, 2015
Appeal From Colleton County D. Craig Brown, Circuit Court Judge
Appellate Defender Robert M. Pachak, of Columbia, for Petitioner.
Attorney General Alan McCrory Wilson and Assistant Attorney General James Rutledge Johnson, both of Columbia, for Respondent.
MEMORANDUM OPINION
PER CURIAM:
Affirmed pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Blick, 325 S.C. 636, 642, 481 S.E.2d 452, 455 (Ct. App. 1997) (finding, as a general rule, a prison disciplinary sanction will not bar subsequent criminal prosecution); see also Pruitt v. State, 274 S.C. 565, 570, 266 S.E.2d 779, 781 (1980) (noting that "[t]he initiation of criminal process against [an inmate] is certainly not foreclosed by a prior administrative disposition"); State v. Jolly, 405 S.C. 622, 627, 749 S.E.2d 114, 117 (Ct. App. 2013) ("The Double Jeopardy Clause does not prohibit the imposition of any additional sanction that could be described as punishment. The Clause protects against the imposition of multiple criminal punishments for the same offense, and only then when such occurs in successive pleadings." (emphasis added) (citations omitted)); cf. State v. Thrift, 312 S.C. 282, 301 n.12, 440 S.E.2d 341, 352 n.12 (1994) (noting "a civil as well as criminal sanction constituted punishment for double jeopardy purposes only where the sanctions as applied served the goal of punishment").
AFFIRMED.
TOAL, C. J, PLEICONES, BEATTY, KITTREDGE and HEARN, JJ, concur