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2009-UP-225 - State v. Jefferson

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.

Jacques Jefferson, Appellant.


Appeal From Charleston County
 Paul M. Burch, Circuit Court Judge


Unpublished Opinion No. 2009-UP-225
Submitted May 1, 2009 – Filed May 27, 2009


AFFIRMED


Appellate Defender Eleanor Duffy Cleary, 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 Deborah R. J. Shupe, all of Columbia; and  Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM: Jacques Jefferson appeals his conviction and sentences for second-degree burglary, grand larceny, and possession of tools of crime.  On appeal, Jefferson argues the trial court erred in denying his motion to quash the indictments.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities:  Evans v. State, 363 S.C. 495, 514, 611 S.E.2d 510, 520 (2005) (stating after a defendant obtains the requested information, the burden is on the defendant to prove facts upon which a challenge to the legality of the grand jury or its proceedings is predicated); State v. Anderson, 312 S.C. 185, 187, 439 S.E.2d 835, 836 (1993) (holding prosecutors are prohibited from appearing as the sole witness before the grand jury); Weathers v. State, 319 S.C. 59, 459 S.E.2d 838 (1995) (regularity of proceedings in general sessions court is presumed); State v. James, 321 S.C. 75, 79, 472 S.E.2d 38, 40 (Ct. App. 1996) (explaining absent evidence to the contrary, the regularity and legality of proceedings before a grand jury is presumed).

AFFIRMED.

HEARN, C.J., THOMAS and KONDUROS, JJ., concur.


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