State v. Robinson
| Decision Date | 09 April 1985 |
| Citation | 287 S.C. 173,337 S.E.2d 204 |
| Parties | The STATE, Respondent, v. Willie Clay ROBINSON, Appellant. |
| Court | South Carolina Supreme Court |
Respondent seeks to dismiss this appeal on the basis that it is premature. The motion is granted.
Appellant was tried and convicted in absentia of unlawful use of the telephone. His counsel filed notice of intent to appeal the conviction. Appellant has not been apprehended since the trial, and the sentence remains sealed.
A criminal defendant may not appeal until final judgment. State v. Hubbard, 277 S.C. 568, 290 S.E.2d 817 (1982). Judgment in a criminal case is not final until sentence is imposed. Ex parte Murray, 261 S.C. 255, 199 S.E.2d 718 (1973); State v. McKettrick, 13 S.C. 439 (1880).
Since the sealed sentence has not been opened and read to appellant, there is no final judgment from which appeal may be taken. Accordingly, this appeal is dismissed without prejudice to appellant's right to raise these issues on timely appeal. State v. Hightower, 33 S.C. 598, 11 S.E. 579 (1890); Ex parte Tolson, 36 S.C.L. (5 Strob.) 88 (1850).
The case of State v. Adams, 268 S.C. 97, 232 S.E.2d 28 (1977) may be read to authorize appeal in this case. To the extent it is inconsistent with the views expressed herein, it is expressly overruled.
This order shall be published with the opinions of this Court.
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State v. Arther, 22621
...his sentence for armed robbery is without merit and the sentence is affirmed under Supreme Court Rule 23. See State v. Robinson, 287 S.C. 173, 337 S.E.2d 204 (1985). Accordingly, the convictions and the armed robbery sentence are affirmed and the case is remanded for a new sentencing procee......
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State v. Miller
...on appeal from final judgment. We express no opinion on the merits of appellant's double jeopardy claim. 1 See, e.g., State v. Robinson, 337 S.C. 204, 337 S.E.2d 204 (1985) [trial in absence, appeal prior to sentence]; State v. Dingle, 279 S.C. 278, 306 S.E.2d 223 (1983) [order committing d......
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State v. Clifford, 2967.
...(1976).1 I disagree. South Carolina law is clear. A criminal defendant may not appeal until final judgment. State v. Robinson, 287 S.C. 173, 337 S.E.2d 204 (1985). Judgment in a criminal case is not final until sentence is imposed. Id. See also State v. Williams, 321 S.C. 381, 468 S.E.2d 65......
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State v. Tate
...See Parsons v. State, 289 S.C. 542, 347 S.E.2d 504 (1986) ("A criminal defendant may not appeal until sentenced."); State v. Robinson, 287 S.C. 173, 337 S.E.2d 204 (1985) (noting that judgment in a criminal case is not final until a sentence is imposed); State v. Washington, 285 S.C. 457, 4......