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278 S.C. 376

Loftin v. State

Supreme Court of South Carolina

Decided October 19, 1982

Supreme Court of South Carolina · decided 1982-10-19

Applies SC 17 § 17-27-20

Relies on Weingarden v. United States · White v. State · Murphy v. Hagan

Good law ✅— No negative treatment on recordhow we know

Decided 1982-10-19

How this case has been cited

Cited by 4 later decisions — most recently May 2016

3 state decisions

201982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam:

¶1Appellant was convicted of forgery and was sentenced to six years’ confinement, to run consecutively with prior sentences. He now appeals the denial, after a hearing, of his Post-Conviction Relief application.

¶2Although the post-conviction judge denied appellant’s application, he found appellant had been denied his right to appeal. Accordingly, this case arises from the belated appeal procedures provided by White v. State, 263 S. C. 110, 208 S. E. (2d) 35 (1974) and McCray v. State, 271 S. C. 185, 246 S. E. (2d) 230 (1978).

¶3Appellant alleges the trial court erred in sentencing him when it considered a prior conviction which was later reversed by this Court. See State v. Loftin, 276 S. C. 48, 275 S. E. (2d) 575 (1981). This issue is not a trial issue which falls under the review procedures of Whiteand McCray, but is one which should have been raised during post-conviction proceedings. See S. C. Code Ann. § 17-27-20 (1976). Because appellant failed to do so, the issue cannot be raised for the first time on appeal. State v. Goolsby, 275 S. C. 110, 268 S. E. (2d) 31 (1980), cert. denied 449 U. S. 1037, 101 S. Ct. 616, 66 S. Ct. 500 (1980); Murphy v. Hagan, 275 S. C. 334, 271 S. E. (2d) 311 (1980).

¶4The remaining issue submitted in this appeal is without merit and affirmed pursuant to Rule 23 of the Rules of Practice of this Court.

¶5Affirmed.

Harwell, J., not participating.
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