State v. Pray
Decision Date | 22 February 2023 |
Docket Number | 2023-UP-067,Appellate Case 2019-001400 |
Parties | State of South Carolina, Appellant, v. Herbert E. Pray, III, Respondent. |
Court | South Carolina Court of Appeals |
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.
Submitted January 31, 2023
Appeal From Aiken County Clifton Newman, Circuit Court Judge
Attorney General Alan M. Wilson, Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia and Solicitor J. Strom Thurmond, Jr., of Aiken, for Appellant.
Robert Irvin Sussman, of Augusta, Georgia, for Respondent.
The State appeals an order of the circuit court affirming the magistrate's dismissal of the charge of driving under the influence (DUI) - first offense against Herbert E. Pray, III. On appeal, the State argues the circuit court
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erred in finding the officer's reading of Miranda[1] warnings to Pray as the officer drove away from the location of Pray's arrest violated the requirements of section 56-5-2953(A)(1)(a) of the South Carolina Code (2018) which states that "[t]he video recording at the incident site must . . . include the arrest of a person . . . and show the person being advised of his Miranda rights."
We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Taylor, 436 S.C. 28, 34, 870 S.E.2d 168, 171 (2022), reh'g denied (Apr. 5 2022) ("A question of statutory interpretation is a question of law, which is subject to de novo review and which [appellate courts] are free to decide without deference to the courts below."); State v. Elwell, 403 S.C. 606, 612, 743 S.E.2d 802, 806 (2013) ; Scott, 351 S.C. at 588, 571 S.E.2d at 702 (); Elwell, 403 S.C. at 612, 743 S.E.2d at 806 ; id. (); Town of Mt. Pleasant v. Roberts, 393 S.C. 332, 346, 713 S.E.2d 278, 285 (2011) ().
AFFIRMED.[2]
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[2] We decide this case without oral argument pursuant to Rule 215, SCACR.
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