State v. Drayton

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.

Keith Drayton, Appellant.

Appeal From Spartanburg County

 Roger L. Couch, Special Circuit Court
Judge

Unpublished Opinion No. 2008-UP-513

Submitted September 2, 2008 – Filed
September 8, 2008  

AFFIRMED

Chief Attorney Joseph L. Savitz, III, South Carolina Commission on
Indigent Defense, 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 Christina J. Catoe, all of Columbia; and Solicitor Harold W.
Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Keith Drayton appeals his convictions for kidnapping
and criminal domestic violence of a high and aggravated nature.  He argues the trial
court erred in refusing to permit him to proceed pro se at trial.  We affirm[1] pursuant to Rule 220(b)(2), SCACR, and the following authorities:  Faretta v. California, 422 U.S. 806, 835 (1975) (holding waiver of right to counsel must be clearly and unequivocally
expressed), and State v. Thompson, 355 S.C. 255, 262, 584 S.E.2d 131,
134-35 (Ct. App. 2003) (holding verbal waiver of right to counsel must be
affirmatively expressed). 

AFFIRMED.

SHORT, THOMAS
and PIEPER, JJ., concur.

[1]  Because oral argument would not aid the court in
resolving the issues on appeal, we decide this case without oral argument
pursuant to Rule 215, SCACR.