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322 S.C. 188

State v. Rushton

Supreme Court of South Carolina

Decided February 4, 1993

Supreme Court of South Carolina · decided 1993-02-04

Applies SC 18 § 18-3-10 · SC 22 § 22-3-545

Decided 1993-02-04

¶1ORDER

¶2This case was transferred from the court of general sessions to magistrate’s court pursuant to S.C.Code Ann. § 22-3-545 (Supp. 1992). That section allows the transfer of cases where the penalty does not exceed $5,000, or one year imprisonment, or both, if certain conditions are met. Appellant has now filed a notice of appeal with this Court from his conviction and sentence in magistrate’s court.

¶3Section 22-3-545 makes no provision for direct appeals to this Court. Accordingly, S.C. Code Ann. § 18-3-10 (1985), which states that anyone convicted before a magistrate “of any offense whatever” may appeal to the court of general sessions, would apply, and cases transferred pursuant to § 22-3-545 must be appealed to the court of general sessions.

¶4IT IS ORDERED that this appeal is dismissed and the matter remanded to the court of general sessions.

/s/ David W. Harwell. C.J./s/ A. Lee Chandler. J./s/ Jean H. Toal. J./s/ James E. Moore. J.Finney, J., not participating.
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