Terry Bo Smith v. SCDC ( 2022 )


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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
    Terry Bo Smith, Appellant,
    v.
    South Carolina Department of Corrections, Respondent.
    Appellate Case No. 2019-001291
    Harold W. Funderburk, Jr., Administrative Law Judge
    Unpublished Opinion No. 2022-UP-129
    Submitted January 1, 2022 – Filed March 23, 2022
    AFFIRMED
    Terry Bo Smith, pro se.
    Annie Laurie Rumler, of the South Carolina Department
    of Corrections, of Columbia, for Respondent.
    PER CURIAM: Terry Bo Smith appeals an order of the Administrative Law
    Court (ALC) affirming the South Carolina Department of Correction's (SCDC's)
    final decision regarding the calculation of his sentence. On appeal, Smith argues
    the ALC erred in affirming SCDC's calculation of his sentence when SCDC did not
    give him credit for all of the time he spent on parole for an unrelated offense.
    Because Smith has completed the sentence for which he argues he should have
    received credit, we hold his argument is moot. Accordingly, we affirm pursuant to
    Rule 220(b), SCACR, and the following authorities: See Sloan v. Friends of
    Hunley, Inc., 
    369 S.C. 20
    , 25, 
    630 S.E.2d 474
    , 477 (2006) ("Generally, [an
    appellate court] only considers cases presenting a justiciable controversy."); 
    id.
     ("A
    justiciable controversy exists when there is a real and substantial controversy
    which is appropriate for judicial determination . . . ."); id. at 26, 
    630 S.E.2d at 477
    ("A moot case exists where a judgment rendered by the court will have no practical
    legal effect upon an existing controversy because an intervening event renders any
    grant of effectual relief impossible for the reviewing court.").
    AFFIRMED.1
    WILLIAMS, C.J., MCDONALD, J., and LOCKEMY, A.J., concur.
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2022-UP-129

Filed Date: 3/23/2022

Precedential Status: Non-Precedential

Modified Date: 10/22/2024