Johnson 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 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Allen Johnson, Appellant,

v.

The State, Respondent.

Appeal From Greenville County

 D. Garrison Hill, Circuit Court Judge

Unpublished Opinion No. 2008-UP-547  

Submitted October 1, 2008 – Filed October
9, 2008

AFFIRMED

Allen Johnson, pro se, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant
Attorney General Karen C. Ratigan, all of Columbia, for Respondent.

PER CURIAM: Allen Johnson, Jr., 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 Ann. § 17-27-20(a)-(b)  (2003); 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.

Anderson, Williams, and Konduros,
JJ., concur.

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