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2010-UP-495 - Sowell v. SCDC

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Todd Sowell, Appellant,

v.

South Carolina Department of Corrections, Respondent.


Appeal from the Administrative Law Court
 Marvin F. Kittrell, Administrative Law Judge


Unpublished Opinion No. 2010-UP-495
Submitted November 1 2010 – Filed November 8, 2010


AFFIRMED


Todd Sowell, pro se, of Bishopville, for Appellant.

Christopher D. Florian, of Columbia, for Respondent.

PER CURIAM:  Todd Sowell appeals an Administrative Law Court (ALC) order affirming the South Carolina Department of Corrections' decision to deny his grievance concerning the calculation of his sentence.  Sowell argues the ALC erred in failing to give him additional credit for time served prior to sentencing.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code Ann. § 1-23-610(B) (Supp. 2009) ("The review of the administrative law judge's order must be confined to the record. The court may not substitute its judgment for the judgment of the administrative law judge as to the weight of the evidence on questions of fact."); S.C. Code Ann. § 24-13-40 (2007) (providing prisoners should not be given credit for time served prior to trial when "the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense").

AFFIRMED.

HUFF, KONDUROS, and LOCKEMY, JJ., concur.


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