2010-UP-495 - Sowell v. SCDC
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.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
Todd Sowell, Appellant,
Department of Corrections, Respondent.
Appeal from the Administrative Law Court
Marvin F. Kittrell, Administrative Law
Unpublished Opinion No. 2010-UP-495
Submitted November 1 2010 – Filed November
PER CURIAM: Todd
Sowell appeals an Administrative Law Court (ALC) order affirming the South
Carolina Department of Corrections' decision to deny his grievance concerning
the calculation of his sentence. Sowell argues the ALC erred in failing to
give him additional credit for time served prior to sentencing. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code
Ann. § 1-23-610(B) (Supp. 2009) ("The review of the administrative law
judge's order must be confined to the record. The court may not substitute its
judgment for the judgment of the administrative law judge as to the weight of
the evidence on questions of fact."); S.C. Code Ann. § 24-13-40 (2007)
(providing prisoners should not be given credit for time served prior to trial
when "the prisoner is serving a sentence for one offense and is awaiting
trial and sentence for a second offense").
Todd Sowell, pro se, of Bishopville, for Appellant.
Christopher D. Florian, of Columbia, for Respondent.
KONDUROS, and LOCKEMY, JJ., concur.
 We decide this case without oral argument pursuant to
Rule 215, SCACR.