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2009-MO-020 - State v. Robinson

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 Supreme Court


The State, Respondent,

v.

Roland Robinson, Petitioner.


ON WRIT OF CERTIORARI TO THE COURT OF APPEALS


Appeal From Georgetown County
 John M. Milling, Circuit Court Judge


Memorandum Opinion No.  2009-MO-020
Heard April 8, 2009 – Filed April 27, 2009 


AFFIRMED


Appellate Defender Lanelle C. Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, and Solicitor John G. Hembree, of Conway, for Respondents.


PER CURIAM:  We granted certiorari to review the Court of Appeals’ order dismissing petitioner’s direct appeal.  We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. Serrette, 375 S.C. 650, 654 S.E.2d 554 (Ct. App. 2007) (dismissing direct criminal appeal in case where appellant was arrested on a bench warrant over ten years after his trial in absentia; the Court of Appeals found that Serrette’s actions in remaining a fugitive and resulting destruction of the trial transcript justified appellate sanction of dismissal).

AFFIRMED.

WALLER, ACTING CHIEF JUSTICE, PLEICONES, BEATTY, JJ., and Acting Justices James E. Moore and Donna S. Strom, concur.