State v. Belviso

KITTREDGE, J.:

We are asked to determine whether the circuit court, in its appellate capacity, has jurisdiction to hear an appeal from a magistrate court’s pre-trial ruling that precludes or significantly impairs the prosecution of a criminal case. We hold the circuit court has jurisdiction over such an appeal. The contrary decision of the circuit court is reversed, and the matter is remanded.

FACTS

Elaine P. Belviso was arrested and charged with driving with an unlawful alcohol concentration and violating the open container law. The magistrate, relying on State v. Jackson, 302 S.C. 313, 396…