Supreme Court of South Carolina, 1982

State v. Storgee

Supreme Court of South Carolina · Decided March 1, 1982 · Per Curiam

288 S.E.2d 397; 277 S.C. 412; 1982 S.C. LEXIS 306 (South Eastern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

State v. Johnston (S.C. 1999)
State v. Lewis (S.C. Ct. App. 1996)
State v. Mims (S.C. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam:

Appellant pleaded guilty to attempted burglary and was sentenced to thirteen (13) years’ imprisonment. We remand for resentencing.

In State v. Puckett, 95 S. C. 114, 78 S. E. 737 (1913) this Court recognized that attempted burglary is an indictable offense. Generally, attempted felonies are considered misdemeanors. 22 C. J. S. Criminal Law, Section 74.

When no special punishment is provided for a misdemeanor, the sentence shall not exceed ten (10) years. South Carolina Code Ann. Section 17-25-20 (1976). *413 Since the sentence imposed here exceeds the statutory maximum, the sentence must be vacated and the case remanded for resentencing. State v. Hill, 254 S. C. 321, 175 S. E. (2d) 227 (1970).

Appellant’s conviction is affirmed and the case is remanded to the lower court for resentencing in accordance with Section 17-25-20.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.