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2008-UP-514 - State v. Culbreath

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.

Otis Lee Culbreath, Appellant.


Appeal from Greenwood County
 Alison Renee Lee, Circuit Court Judge


Unpublished Opinion No.  2008-UP-514
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, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor Jerry W. Peace of Greenwood, for Respondent.

PER CURIAM: Otis Lee Culbreath appeals his conviction for three counts of kidnapping.  He argues the trial court erred in denying his motion to quash the indictment on the ground that it resulted from hearsay testimony of a non-investigating police officer.  We affirm[1] pursuant to Rule 220(b)(2), SCACR, and the following authorities:  State v. Williams, 301 S.C. 369, 371, 392 S.E.2d 181, 182 (1990) (holding the validity of an indictment is not affected by the character of evidence considered by the grand jury); State v. Williams, 263 S.C. 290, 295-96, 210 S.E.2d 298, 301 (1974) (holding an indictment is not subject to dismissal on the basis it was founded upon hearsay evidence). 

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.