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2009-UP-149 - State v. Ratigan

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.

Jayson Ratigan, Appellant.


Appeal From Lancaster County
 Kenneth G. Goode, Circuit Court Judge


Unpublished Opinion No. 2009-UP-149
Submitted March 2, 2009 – Filed March 30, 2009   


REVERSED and REMANDED


Deputy Chief Appellate Defender Wanda H. Carter, 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 Douglas A. Barfield, of Lancaster, for Respondent.

PER CURIAM:  Jayson Ratigan appeals his conviction for carrying a weapon on school property, arguing the trial court erred in failing to obtain a valid waiver of his right to counsel.  We reverse and remand pursuant to Rule 220(b), SCACR, and the following authority:  Gardner v. State, 351 S.C. 407, 411-13, 570 S.E.2d 184, 186-87 (2002) (holding no valid waiver of counsel exists when the trial court fails to warn of the dangers and disadvantages of self representation, and the record does not indicate the accused was advised of his rights from some other source or had sufficient background to intelligently waive his right to counsel).

REVERSED and REMANDED.[1]

HEARN, C.J., PIEPER and LOCKEMY, JJ., concur.


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