Waiters v. State
Waiters v. State
Opinion of the Court
We granted a writ of certiorari to review the grant of post-conviction relief (PCR). We reverse.
FACTS
Respondent was indicted for distributing crack cocaine after he sold drugs to an undercover agent on July 26, 2000. He pled guilty on March 21, 2001, and was sentenced to five years as a second offender pursuant to S.C.Code Ann. § 44-53-375(B)(2) (Supp. 2005). The offense used to enhance his status to second offender occurred on July 28, 2000, two days after the offense here. On that date, respondent was searched pursuant to arrest on an unrelated charge and found to be in possession of crack cocaine. He pled guilty to possession of crack on September 26, 2000.
ISSUE
Does the date of the crime determine second-offender status?
DISCUSSION
Respondent was sentenced as a second offender under § 44-53-375(B)(2).
An offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted under this article....
At the time of respondent’s plea, he had a prior conviction under § 44-53-375(A), a provision in the same article as § 44-53-470; therefore, under the plain language of § 44-53-470, respondent was properly sentenced as a second offender. See Patterson v. State, 359 S.C. 115, 597 S.E.2d 150 (2004) (§ 44-53-470 determines second offender status for conviction under § 44-53-375(A)). Under § 44-53-470, the timing of the crimes is irrelevant to the determination of a subsequent offense so long as there is a prior conviction.
REVERSED.
. This section provides in pertinent part:
(B) A person who ... distributes ... crack cocaine ... upon conviction:
(2) for a second offense ... the offender must be imprisoned for not more than twenty-five years and fined not less than fifty thousand dollars....
. This section was subsequently modified in 2005.
. Respondent has never claimed the two crimes were part of a continuous course of conduct. Cf. State v. Gordon, 356 S.C. 143, 588 S.E.2d
Reference
- Full Case Name
- Gary WAITERS v. STATE of South Carolina
- Cited By
- 3 cases
- Status
- Published