STATE v. CAIN

21604

277 S.C. 210 (1981)

284 S.E.2d 779

The STATE, Respondent, v. Larry CAIN, Appellant.

Supreme Court of South Carolina.

November 24, 1981.


Attorney(s) appearing for the Case

Chief Atty. John L. Sweeny, of S.C. Commission of Appellate, Defense, Columbia, for appellant.

Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. Kay G. Crowe and Martha L. McElveen, Columbia, for respondent.


November 24, 1981.

Per Curiam:

The appellant was tried in absentia and without counsel and convicted of driving under the influence of alcohol, third offense. He was sentenced to three (3) years' imprisonment and a fine of $2,000. He argues the court cannot infer a valid waiver of his right to counsel from his failure to be present at trial. We disagree and affirm the conviction.

The appellant was released on a general appearance bond...

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