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2011-UP-472 - State v. Deaner

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

The State, Respondent,

v.

Christopher Lee Deaner, Appellant.


Appeal From Charleston County
Roger M. Young, Circuit Court Judge


Unpublished Opinion No. 2011-UP-472
Submitted October 1, 2011 – Filed October 26, 2011   


AFFIRMED


Chief Appellate Defender Robert M. Dudek, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Deborah R.J. Shupe, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  Christopher Lee Deaner appeals the circuit court's denial of his motion to dismiss, arguing the circuit court erred in refusing to dismiss the charges against him under the Interstate Agreement on Detainer Act (IAD) when the State failed to bring the case to trial or move for a continuance within 180 days from the time Deaner requested final disposition of his outstanding warrant.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Tucker, 376 S.C. 412, 418, 656 S.E.2d 403, 406-07 (Ct. App. 2008) (holding that by proceeding with a guilty plea, a defendant implicitly waives "any and all defects regarding his return to state custody under the IAD").

AFFIRMED.

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


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