State v. Jefferson

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

The State, Respondent,

v.

Jacques
Jefferson, Appellant.

Appeal From Charleston County

 Paul M. Burch, Circuit Court Judge

Unpublished Opinion No. 2009-UP-225

Submitted May 1, 2009 – Filed May 27, 2009

AFFIRMED

Appellate Defender Eleanor Duffy Cleary, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,

Assistant Attorney General Deborah R. J. Shupe, all of Columbia;
and  Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM: Jacques Jefferson appeals his conviction and sentences
for second-degree burglary, grand larceny, and possession of tools of crime. 
On appeal, Jefferson argues the trial court erred in denying his motion to
quash the indictments.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities:  Evans v.
State, 363 S.C. 495, 514, 611 S.E.2d 510, 520 (2005) (stating after a
defendant obtains the requested information, the burden is on the defendant to
prove facts upon which a challenge to the legality of the grand jury or its
proceedings is predicated); State v. Anderson, 312 S.C. 185, 187, 439
S.E.2d 835, 836 (1993) (holding prosecutors are prohibited from appearing
as the sole witness before the grand jury); Weathers v. State, 319 S.C.
59, 459 S.E.2d 838 (1995) (regularity of proceedings in general sessions court
is presumed); State v. James, 321 S.C. 75, 79, 472 S.E.2d 38, 40 (Ct.
App. 1996) (explaining absent evidence to the contrary, the regularity and
legality of proceedings before a grand jury is presumed).

AFFIRMED.

HEARN,
C.J., THOMAS and KONDUROS, JJ., concur.

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