Horne v. State

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

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Bobby Gene Horne       
Appellant,

v.

The State       
Respondent.

Appeal From Chesterfield County

J. Michael Baxley, Circuit Court Judge

Unpublished Opinion No. 2004-UP-328

Submitted March 19, 2004 – Filed May
14, 2004

AFFIRMED

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 Donald J. Zelenka,
and Assistant Attorney General William Bryan Dukes, all of Columbia, for Respondent.

PER CURIAM:  Affirmed pursuant
to South Carolina Rules of Appellate Practice, Rule 220, and the following authorities: 
Crosby v. State, 241 S.C. 40, 43, 126 S.E.2d 843, 844 (1962) (“A petition
for a writ of habeas corpus may properly be dismissed Search Term Begin Search
Term End if it contains no allegations Search Term Begin Search Term
End which warrant the issuance of the writSearch Term Begin writwrSearch
Term End .”)  McCall v. State, 247 S.C. 15, 18, 145 S.E.2d 419, 419 (1965)
(“The inquiry on habeas corpus is limited to the legality of the prisoner’s
present detention. The only remedy which can be granted is release from custody,
whether absolute or conditional.”). 

AFFIRMED.
[1]

GOOLSBY, HOWARD, and BEATTY, JJ., concurring.

[1] Because oral argument would not aid the Court in resolving any issue
on appeal, we decide this case without oral argument pursuant to Rule 215
and 220(b)(2), SCACR.