Opinion · Supreme Court of South Carolina

State v. Washington

285 S.C. 457

Type
Opinion
Court
Supreme Court of South Carolina
Jurisdiction
South Carolina
Date
1985-05-13
Topic
general

How later courts describe this case

  • a conviction at a trial in absentia prior to imposition of sentence is not immediately appealable
  • criminal conviction is not final for purposes of appeal until after sentence is imposed, and as long as sentence remains sealed, no appeal can be taken

Citator

UpLaw has not yet analyzed State v. Washington. The absence of a flag is not a finding that it is good law.

Cited by
5 opinions
285 S.C. 457 (1985) 330 S.E.2d 289

The STATE, Respondent,
v.
James WASHINGTON, Appellant.

22316

Supreme Court of South Carolina.

May 13, 1985.

*458 Asst. Appellate Defender Elizabeth C. Fullwood of S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia; and Solicitor Charles M. Condon, Charleston, for respondent.

May 13, 1985.

Per Curiam:

Appellant was tried in absentia and convicted of shoplifting. Appeal was taken from the conviction before the sealed sentence was imposed. The appeal is dismissed.

A criminal conviction is not final for purposes of appeal until after sentence is imposed. So long as the sentence remains sealed, no appeal can be taken. State v. Robinson, 468 So. (2d) 633 (1985).

This appeal is dismissed without prejudice to appellant's right to raise these issues on timely appeal.

Appeal dismissed.