State v. Seals

• Court: Court of Appeals of South Carolina
• Decided: April 17, 2003
• Docket: 2003-UP-282
• Status: Unpublished

Opinion

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Pamela Byars Seals,        Appellant.

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Appeal From Greenville County
Joseph J. Watson , Circuit Court Judge

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Unpublished Opinion No. 2003-UP-282
Submitted February 20, 2003 – Filed April 17, 2003   

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VACATED

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Assistant Appellate Defender Robert M. Pachak, of Columbia; for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, of Columbia; Robert M. Ariail, of Greenville; for Respondent.

PER CURIAM: Pamela Seals appeals her convictions for breaking and entering a motor vehicle and financial transaction card theft, asserting that the indictments were not submitted to the grand jury and that she did not execute a written waiver of presentment.  We vacate [1] these convictions pursuant to Rule 220, SCACR, and the following authorities: Odom v. State,  350 S.C. 300, 302, 566 S.E.2d 528, 529 (2002) (requiring waivers of presentment to be in writing in order to be valid); State v. Evans, 307 S.C. 477, 479, 415 S.E.2d 816, 817 (1992) (finding that in the absence of an indictment by the grand jury or a valid waiver of presentment of an indictment, the circuit court lacks jurisdiction over an offense). 

VACATED.

HEARN, C.J., CURETON and GOOLSBY, JJ., concur.

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[1]   We affirm this case without oral argument pursuant to Rule 215, SCACR.