State v. Wise

Court of Appeals of South Carolina

State v. Wise

DecidedJune 18, 2014

Docket2014-UP-224

StatusUnpublished

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State v. Wise, (S.C. Ct. App. 2014).

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THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

The State, Respondent,

v.

James E. Wise, Appellant.

Appellate Case No. 2013-000196

Appeal From Newberry County Frank R. Addy, Jr., Circuit Court Judge

Unpublished Opinion No. 2014-UP-224 Heard April 1, 2014 – Filed June 18, 2014

AFFIRMED

James E. Wise, pro se.

Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Salley W. Elliott, both of Columbia, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Rule 29(a), SCRCrimP ("Except for motions for new trials based on after-discovered evidence, post-trial motions shall be made within ten (10) days after the imposition of the sentence."); State v. Taylor, 348 S.C. 152, 160-61, 558 S.E.2d 917, 921 (Ct. App. 2001) (noting a motion for a verdict in arrest of judgment is a post-trial motion), aff'd, 355 S.C. 392, 585 S.E.2d 303 (2003); State v. Campbell, 376 S.C. 212, 215, 656 S.E.2d 371, 373 (2008) ("[A] trial judge is without jurisdiction to consider a criminal matter once the term of court during which judgment was entered expires."); id. at 216, 656 S.E.2d at 373 ("[I]f [a] motion is not made within ten days of sentencing, the court will be without jurisdiction to entertain the motion.").

AFFIRMED.1

WILLIAMS, KONDUROS, and LOCKEMY, JJ., concur.

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

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THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

The State, Respondent,

v.

James E. Wise, Appellant.

Appellate Case No. 2013-000196

Appeal From Newberry County Frank R. Addy, Jr., Circuit Court Judge

Unpublished Opinion No. 2014-UP-224 Heard April 1, 2014 – Filed June 18, 2014

AFFIRMED

James E. Wise, pro se.

Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Salley W. Elliott, both of Columbia, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Rule 29(a), SCRCrimP ("Except for motions for new trials based on after-discovered evidence, post-trial motions shall be made within ten (10) days after the imposition of the sentence."); State v. Taylor, 348 S.C. 152, 160-61, 558 S.E.2d 917, 921 (Ct. App. 2001) (noting a motion for a verdict in arrest of judgment is a post-trial motion), aff'd, 355 S.C. 392, 585 S.E.2d 303 (2003); State v. Campbell, 376 S.C. 212, 215, 656 S.E.2d 371, 373 (2008) ("[A] trial judge is without jurisdiction to consider a criminal matter once the term of court during which judgment was entered expires."); id. at 216, 656 S.E.2d at 373 ("[I]f [a] motion is not made within ten days of sentencing, the court will be without jurisdiction to entertain the motion.").

AFFIRMED.1

WILLIAMS, KONDUROS, and LOCKEMY, JJ., concur.

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

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