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2008-UP-547 - Johnson 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

Allen Johnson, Appellant,

v.

The State, Respondent.


Appeal From Greenville County
 D. Garrison Hill, Circuit Court Judge


Unpublished Opinion No. 2008-UP-547  
Submitted October 1, 2008 – Filed October 9, 2008


AFFIRMED


Allen Johnson, pro se, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Karen C. Ratigan, all of Columbia, for Respondent.

PER CURIAM: Allen Johnson, Jr., appeals the dismissal of his petition for writ of habeas corpus.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Code Ann. § 17-27-20(a)-(b)  (2003); State v. Gentry, 363 S.C. 93, 101, 610 S.E.2d 494, 499 (2005) (finding subject matter jurisdiction and the sufficiency of the indictment are two distinct concepts); Simpson v. State, 329 S.C. 43, 46, 495 S.E.2d 429, 431 (1998) (explaining habeas corpus is available only after the petitioner has exhausted all post-conviction remedies and habeas corpus cannot be used as a substitute for appeal or as a remedial procedure for the correction of errors for which a criminal defendant had an opportunity to avail himself); Keeler v. Mauney, 330 S.C. 568, 571, 500 S.E.2d 123, 124 (Ct. App. 1998) (“A person is procedurally barred  from petitioning the circuit court for a writ of habeas corpus where the matter alleged is one which could have been raised in a PCR application.”).

AFFIRMED.

Anderson, Williams, and Konduros, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.