State v. McDaniels

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

The State, Respondent,

v.

Kevin McDaniels, Appellant.

Appellate Case No. 2018-000070

Appeal From Spartanburg County
J. Mark Hayes, II, Circuit Court Judge

Unpublished Opinion No. 2020-UP-179
Submitted May 1, 2020 – Filed June 10, 2020

AFFIRMED

Appellate Defender Victor R. Seeger, of Columbia, for
Appellant.

Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General William M. Blitch,
both of Columbia; and Solicitor Barry Joe Barnette, of
Spartanburg, all for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authority: S.C. Code Ann. § 24-13-40 (Supp. 2019) ("In every case in computing
the time served by a prisoner, full credit against the sentence must be given for
time served prior to trial and sentencing, and may be given for any time spent
under monitored house arrest. Provided, however, that credit for time served prior
to trial and sentencing shall not be given . . . when the prisoner is serving a
sentence for one offense and is awaiting trial and sentence for a second offense in
which case he shall not receive credit for time served prior to trial in a reduction of
his sentence for the second offense." (emphases added)).

AFFIRMED.1

WILLIAMS, KONDUROS, and HILL, JJ., concur.

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