CourtListener 10148791•In the Interest of Myren F.
Full text
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
In the Interest of Myren F., a Juvenile Under the Age of
Seventeen, Appellant.
Appellate Case No. 2013-002312
Appeal From Beaufort County
Deborah A. Malphrus, Family Court Judge
Unpublished Opinion No. 2015-UP-022
Submitted November 1, 2014 – Filed January 14, 2015
VACATED
James Arthur Brown, Jr., of The Law Offices of Jim
Brown, P.A., of Beaufort, for Appellant.
Attorney General Alan McCrory Wilson and Assistant
Deputy Attorney General David A. Spencer, both of
Columbia; and Solicitor Isaac McDuffie Stone, III, of
Bluffton, for Respondent.
PER CURIAM: Because the family court was without jurisdiction to consider
Myren F.'s motion, we vacate pursuant to Rule 220(b), SCACR, and the following
authorities: Rule 2(b), SCRFC ("In addition to the rules set forth in Sections I, II,
and IV of these Rules of Family Court, Rules 5, 6, 24, and 29, South Carolina
Rules of Criminal Procedure, shall be applicable in juvenile actions."); Rule 29(a),
SCRCrimP ("Except for motions for new trials based on after-discovered evidence,
post-trial motions shall be made within ten (10) days after the imposition of the
sentence."); State v. Campbell, 376 S.C. 212, 216, 656 S.E.2d 371, 373 (2008)
("[I]f [a post-trial] motion is not made within ten days of sentencing, the court will
be without jurisdiction to entertain the motion.").
VACATED.1
FEW, C.J., and KONDUROS and LOCKEMY, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.
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