South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Curtis L. Moore #240612 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Curtis L. Moore #240612

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-01101-AP

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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