Fishburne 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 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Shawn
Fishburne, Appellant

v.

State of South
Carolina, Respondent

Appeal From Richland County

Alison Renee Lee, Circuit Court Judge

Unpublished Opinion No. 2009-UP-549

Submitted November 2, 2009 – Filed
November 23, 2009

AFFIRMED

Shawn Fishburne, pro se, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and
Assistant Attorney Brian  Petrano, all of Columbia, for Respondent.

PER CURIAM: Shawn
Fishburne appeals the dismissal of his
petition for writ of habeas corpus.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: S.C.
Code § 17-27-20(b) (2003) (explaining the  Uniform Post-Conviction Procedure Act
(the Act) "comprehends and takes the place of all other common law,
statutory or other remedies heretofore available for challenging the validity
of the conviction or sentence," and provides the Act "shall be used
exclusively in place of them."); State v. Gentry, 363 S.C. 93, 101,
610 S.E.2d 494, 499 (2005) (finding subject matter jurisdiction and the
sufficiency of the indictment are two distinct concepts); Simpson v. State,
329 S.C. 43, 46, 495 S.E.2d 429, 431 (1998) (explaining habeas corpus is
available only after the petitioner has exhausted all post-conviction remedies
and habeas corpus cannot be used as a substitute for appeal or as a remedial
procedure for the correction of errors for which a criminal defendant had an
opportunity to avail himself); Keeler v. Mauney, 330 S.C. 568, 571, 500
S.E.2d 123, 124 (Ct. App. 1998) ("A person is procedurally barred  from
petitioning the circuit court for a writ of habeas corpus where the matter
alleged is one which could have been raised in a PCR application.").

AFFIRMED.

SHORT,
THOMAS, and KONDUROS, JJ., concur.

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