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2004-UP-328 - Horne v. State

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Unpublished Opinion No. 2004-UP-328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 prisoner’s 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.