ORDERS:
ORDER OF DISMISSAL
This matter comes before the Administrative Law Judge Division (Division)
pursuant to the appeal of Curtis L. Moore, an inmate incarcerated with
the Department of Corrections (Department). Jurisdiction over this appeal
was conferred upon the Division by the South Carolina Supreme Court in Al-Shabazz
v. State, 338 S.C. 354, 527 S.E.2d 742 (2000).
In his timely filed appeal, the Appellant set forth that his sentencing
start date should have been March 17, 1997. In the Respondent's Brief,
the Department set forth:
Respondent agrees that Appellant's commitment orders for his current
offenses are structured so that they are concurrent with his Youthful Offender
sentence. However, his Armed Robbery sentence, Appellant's current sentence,
cannot begin until he was actually arrested for that offense. According
to the arrest warrant, Appellant was arrested on the Armed Robbery [charges]
on August 1, 1998. Therefore, Appellant's start date on his current sentence
should be August 1, 1998.
* * *
Based on the foregoing reasons and legal authorities, Respondent respectfully
requests that Appellant be awarded jail credit back to August 1, 1998 on
his current sentence and this matter be dismissed with prejudice.
In response, the Appellant filed a request with the Division in which
he set forth that he "concedes" to the Department's request that he be
awarded jail credit back to August 1, 1998, and that this matter be dismissed
with prejudice. Therefore, finding good cause,
IT IS HEREBY ORDERED that the Department award the Appellant
jail credit back to August 1, 1998.
IT IS FURTHER ORDERED that this case is dismissed with prejudice.
AND IT IS SO ORDERED.
________________________________
Ralph King Anderson, III
Administrative Law Judge
September 27, 2001
Columbia, South Carolina |