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2008-UP-513 - State v. Drayton

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

The State, Respondent,

v.

Keith Drayton, Appellant.


Appeal From Spartanburg County
 Roger L. Couch, Special Circuit Court Judge


Unpublished Opinion No. 2008-UP-513
Submitted September 2, 2008 – Filed September 8, 2008  


AFFIRMED


Chief Attorney Joseph L. Savitz, III, South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina J. Catoe, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Keith Drayton appeals his convictions for kidnapping and criminal domestic violence of a high and aggravated nature.  He argues the trial court erred in refusing to permit him to proceed pro se at trial.  We affirm[1] pursuant to Rule 220(b)(2), SCACR, and the following authorities:  Faretta v. California, 422 U.S. 806, 835 (1975) (holding waiver of right to counsel must be clearly and unequivocally expressed), and State v. Thompson, 355 S.C. 255, 262, 584 S.E.2d 131, 134-35 (Ct. App. 2003) (holding verbal waiver of right to counsel must be affirmatively expressed). 

AFFIRMED.

SHORT, THOMAS and PIEPER, JJ., concur.


[1]  Because oral argument would not aid the court in resolving the issues on appeal, we decide this case without oral argument pursuant to Rule 215, SCACR.