BAYLY v. STATE

No. 27109.

397 S.C. 290 (2012)

724 S.E.2d 182

Robert M. BAYLY, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided April 4, 2012.


Attorney(s) appearing for the Case

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Salley W. Elliott , Assistant Attorney General Matthew J. Friedman , of Columbia, for Petitioner.

David B. Tarr , of Columbia, for Respondent.


Justice BEATTY.

In this Post-Conviction Relief (PCR) case, Robert Bayly was issued a uniform traffic ticket for simple possession of marijuana. Prior to trial, Bayly paid the required fine and did not appear in court on the trial date. Bayly did not appeal his conviction but, instead, filed a PCR application in which he alleged the magistrate court was without subject matter jurisdiction to convict him as no arrest warrant had been issued. The PCR judge granted the...

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