State v. Jason S. Bishop
CourtCourt of Appeals of South Carolina
Date FiledNovember 12, 2026
Docket2026-UP-473
StatusUnpublished
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Full Opinion
THIS 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
The State, Respondent,
v.
Jason Shane Bishop, Appellant.
Appellate Case No. 2024-001476
Appeal From Spartanburg County
Grace Gilchrist Knie, Circuit Court Judge
Unpublished Opinion No. 2026-UP-473
Submitted October 2, 2026 – Filed November 12, 2026
AFFIRMED
E. Charles Grose, Jr., of Grose Law Firm, of Greenwood,
for Appellant.
Attorney General Alan McCrory Wilson and Assistant
Attorney General Brian Hollis Gibbs, both of Columbia;
and Solicitor Barry Joe Barnette, of Spartanburg, all for
Respondent.
PER CURIAM: Jason Shane Bishop appeals his seven-year sentence following
his guilty plea for reckless homicide. On appeal, Bishop argues the sentencing
court (1) mistakenly believed it lacked discretion to award him credit for time
served on Secure Continuous Remote Alcohol Monitoring (SCRAM), (2)
mistakenly believed the sentence could not include home incarceration, and (3)
improperly considered his initial charge when deciding to deny credit for time
served on SCRAM and home incarceration. We affirm pursuant to Rule 220(b),
SCACR.
1. We hold the sentencing court exercised its discretion because it explicitly stated
it considered and gave credit for Bishop's time on SCRAM when it determined
what sentence to pronounce. See In re M.H.B., 387 S.C. 323, 326, 692 S.E.2d 541,
542 (2010) ("A [sentencing court] has broad discretion in sentencing within
statutory limits."); id. ("A sentence will not be overturned absent an abuse of
discretion when the ruling is based on an error of law or a factual conclusion
without evidentiary support."); State v. Hawes, 411 S.C. 188, 191, 767 S.E.2d 707,
708 (2015) ("A failure to exercise discretion amounts to an abuse of that
discretion." (quoting Samples v. Mitchell, 329 S.C. 105, 112, 495 S.E.2d 213, 216
(Ct. App. 1997))); S.C. Code Ann. § 24-13-40 (2025) ("In every case in computing
the time served by a prisoner, full credit against the sentence must be given for
time served prior to trial and sentencing, and may be given for any time spent
under monitored house arrest." (emphasis added)).
2. We hold Bishop's argument that the sentencing court believed home detention
was not an available sentencing option because reckless homicide involved a
mandatory minimum is unsupported by the record. See In re M.H.B., 387 S.C. at
326, 692 S.E.2d at 542 ("A sentence will not be overturned absent an abuse of
discretion when the ruling is based on an error of law or a factual conclusion
without evidentiary support."); S.C. Code Ann. § 56-5-2910(A) (2018) (providing
that a person who pleads guilty to "reckless vehicular homicide is guilty of a
felony, and must be fined not less than one thousand dollars nor more than five
thousand dollars or imprisoned not more than ten years, or both"); S.C. Code Ann.
§ 24-13-1530(A) (2025) ("[H]ome detention programs may be used as an
alternative to incarceration for low risk, nonviolent adult and juvenile offenders as
selected by the court if there is a home detention program available in the
jurisdiction." (emphasis added)).
3. We hold Bishop's argument—that the sentencing court committed an error of
law by improperly considering his initial charge as a reason for not granting credit
for time served on SCRAM—is not preserved for appellate review because he did
not object when the sentencing court referenced his initial charge at the hearing on
the motion to reconsider his sentence. See State v. Wise, 359 S.C. 14, 21, 596
S.E.2d 475, 478 (2004) ("In criminal cases, the appellate court sits only to review
errors of law which have been properly preserved . . . ."); State v. Dunbar, 356 S.C.
138, 142, 587 S.E.2d 691, 693-94 (2003) ("In order for an issue to be preserved for
appellate review, it must have been raised to and ruled upon by the trial [court].
Issues not raised and ruled upon in the trial court will not be considered on
appeal.").
AFFIRMED.1
GEATHERS, HEWITT, and VINSON, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.