DocketNumber： 2004-UP-328
Filed Date： 5/14/2004
Status： Non-Precedential
Modified Date： 10/11/2024
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
Bobby Gene Horne Appellant,
v.
The State Respondent.
Appeal From Chesterfield County
J. Michael Baxley, Circuit Court Judge
Unpublished Opinion No. 2004-UP-328
Submitted March 19, 2004 Filed May
14, 2004
AFFIRMED
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 Donald J. Zelenka, and Assistant Attorney General William Bryan Dukes, all of Columbia, for Respondent.
PER CURIAM: Affirmed pursuant to South Carolina Rules of Appellate Practice, Rule 220, and the following authorities: Crosby v. State, 241 S.C. 40, 43, 126 S.E.2d 843, 844 (1962) (A petition for a writ of habeas corpus may properly be dismissed Search Term Begin Search Term End if it contains no allegations Search Term Begin Search Term End which warrant the issuance of the writSearch Term Begin writwrSearch Term End .) McCall v. State, 247 S.C. 15, 18, 145 S.E.2d 419, 419 (1965) (The inquiry on habeas corpus is limited to the legality of the prisoners present detention. The only remedy which can be granted is release from custody, whether absolute or conditional.).
AFFIRMED. [1]
GOOLSBY, HOWARD, and BEATTY, JJ., concurring.
[1] Because oral argument would not aid the Court in resolving any issue on appeal, we decide this case without oral argument pursuant to Rule 215 and 220(b)(2), SCACR.