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2004-MO-003 - LaSure v. State

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Alfred W. LaSure,        Petitioner,

v.

State of South Carolina,        Respondent.


ON WRIT OF CERTIORARI


Appeal From Edgefield County
Gary E. Clary, Trial Judge
G. Thomas Cooper, Jr., Post-Conviction Judge


Memorandum Opinion No. 2004-MO-003
Submitted September 25, 2003 – Filed January 27, 2004


AFFIRMED


Assistant Appellate Defender Tara S. Taggart, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Respondent.


PER CURIAM: Petitioner asserts that the post-conviction relief (PCR) judge erred in dismissing his application for PCR because the victim’s name was not included in his indictment for committing a lewd act upon a minor.  We AFFIRM the PCR judge pursuant to Rule 220, SCACR, and the following authority:  Thompson v. State, Opinion No. 25775 (S.C. Sup. Ct. filed January 26, 2004) (Shearouse Adv. Sheet No. 4)(finding that the failure to include the victim’s name in the indictment for criminal conspiracy did not divest the trial court of subject matter jurisdiction) (citing State v. McGill, 191 S.C. 1, 3, 3 S.E.2d 257, 259 (1939)).   

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.