State v. Rushton

Supreme Court of South Carolina February 4, 1993

State v. Rushton, 322 S.C. 188 (S.C. 1993)

470 S.E.2d 847

Chandler, Finney, Harwell, Moore, Toal

Opinion of the Court

ORDER

This case was transferred from the court of general sessions to magistrate’s court pursuant to S.C.Code Ann. § 22-3-545 (Supp. 1992). That section allows the transfer of cases where the penalty does not exceed $5,000, or one year imprisonment, or both, if certain conditions are met. Appellant has now filed a notice of appeal with this Court from his conviction and sentence in magistrate’s court.

Section 22-3-545 makes no provision for direct appeals to this Court. Accordingly, S.C. Code Ann. § 18-3-10 (1985), which states that anyone convicted before a magistrate “of any offense whatever” may appeal to the court of general sessions, would apply, and cases transferred pursuant to § 22-3-545 must be appealed to the court of general sessions.

IT IS ORDERED that this appeal is dismissed and the matter remanded to the court of general sessions.

/s/ David W. Harwell. C.J. /s/ A. Lee Chandler. J. /s/ Jean H. Toal. J. /s/ James E. Moore. J. Finney, J., not participating.

Reference

Full Case Name: The STATE v. Stan RUSHTON
Status: Published