State v. Seals

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Pamela Byars Seals,       
Appellant.

Appeal From Greenville County

Joseph J. Watson , Circuit Court Judge

Unpublished Opinion No. 2003-UP-282

Submitted February 20, 2003 – Filed
April 17, 2003   

VACATED

Assistant Appellate Defender Robert M. Pachak, of Columbia;
for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
of Columbia; Robert M. Ariail, of Greenville; for Respondent.

PER CURIAM: Pamela Seals appeals her convictions
for breaking and entering a motor vehicle and financial transaction card theft,
asserting that the indictments were not submitted to the grand jury and that
she did not execute a written waiver of presentment.  We vacate
[1] these convictions pursuant to Rule 220, SCACR, and the following authorities:
Odom v. State,  350 S.C. 300, 302, 566 S.E.2d 528, 529 (2002) (requiring
waivers of presentment to be in writing in order to be valid); State v. Evans,
307 S.C. 477, 479, 415 S.E.2d 816, 817 (1992) (finding that in the absence of
an indictment by the grand jury or a valid waiver of presentment of an indictment,
the circuit court lacks jurisdiction over an offense). 

VACATED.

HEARN, C.J., CURETON and GOOLSBY, JJ., concur.

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