James Anthony Primus v. SCDC

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
James Anthony Primus, Appellant,
v.
South Carolina Department of Corrections, Respondent.
Appellate Case No. 2020-001252
Appeal From The Administrative Law Court
Milton G. Kimpson, Administrative Law Judge
Unpublished Opinion No. 2022-UP-048
Submitted February 1, 2022 – Filed February 9, 2022
AFFIRMED
James Anthony Primus, pro se.
Imani Diane Byas, of South Carolina Department of
Corrections, of Columbia, for Respondent.
PER CURIAM: James A. Primus appeals an order from the Administrative Law
Court (the ALC), arguing the ALC erred by affirming the South Carolina
Department of Corrections' (SCDC's) calculation of his sentence.
The evidence supports the ALC's finding that SCDC properly calculated Primus's
sentence stemming from his conviction for kidnapping and assault and battery of a
high and aggravated nature (ABHAN). Accordingly, we affirm pursuant to Rule
220(b), SCACR, and the following authorities: Sanders v. S.C. Dep't of Corr., 379
S.C. 411, 417, 665 S.E.2d 231, 234 (Ct. App. 2008) ("Although this court shall not
substitute its judgment for that of the AL[C] as to findings of fact, we may reverse
or modify decisions which are controlled by error of law or are clearly erroneous in
view of the substantial evidence on the record as a whole."); S.C. Code Ann.
§ 16-3-910 (2015) (providing an individual guilty of kidnapping "must be
imprisoned for a period not to exceed thirty years"); S.C. Code Ann. § 16-1-90(A)
(Supp. 2020) (providing kidnapping is a Class A felony); S.C. Code Ann.
§ 24-13-100 (2007) ("[A] 'no parole offense' means a class A, B, or C felony . . .
which is punishable by a maximum term of imprisonment for twenty years or
more."); S.C. Code Ann. § 24-13-150(A) (Supp. 2020) (requiring an inmate
convicted of a no parole offense to serve at least eighty-five percent of his sentence
before he is eligible for early release, discharge, or community supervision). To
the extent Primus argues SCDC has improperly denied him parole eligibility
regarding his consecutive sentence for ABHAN, Primus failed to present any
evidence in support of this contention. See Conran v. Joe Jenkins Realty, Inc., 263
S.C. 332, 334, 210 S.E.2d 309, 310 (1974) ("The burden of proof is on the
appellant to convince [an appellate court] that the [ALC] was in error."); Major v.
S.C. Dep't of Prob., Parole & Pardon Servs., 384 S.C. 457, 468, 682 S.E.2d 795,
801 (2009) ("[I]f the consecutive sentence is a non-parolable offense then its
sentence must be served and credited first against the aggregated sentence. This is
necessary to give effect to the legislative grant of parole eligibility on the
parole-eligible offense.").1
1
As to Primus's arguments he may not have been afforded the proper credit for
time served and that he suffered harm because for fourteen years his ABHAN
sentencing sheet improperly reflected he pled guilty to ABHAN rather than was
found guilty following a trial, these issues are not preserved for appellate review
because they were not raised to SCDC in his grievances at issue in this appeal.
See Gatewood v. S.C. Dep't of Corr., 416 S.C. 304, 324, 785 S.E.2d 600, 611 (Ct.
App. 2016) ("An issue that is not raised to an administrative agency is not
preserved for appellate review by the ALC."); Wilder Corp. v. Wilke, 330 S.C.
71, 76, 497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue cannot be
raised for the first time on appeal, but must have been raised to and ruled
upon by the [ALC] to be preserved for appellate review.").
AFFIRMED.2
THOMAS, GEATHERS, and VINSON, JJ., concur.
2
We decide this case without oral argument pursuant to Rule 215, SCACR.