State v. Hubner

Supreme Court of South Carolina
State v. Hubner, 683 S.E.2d 279 (S.C. 2009)
384 S.C. 436; 2009 S.C. LEXIS 363
Burnett, Toal, Waller, Beatty, Pleicones

State v. Hubner

Opinion of the Court

Acting Justice BURNETT.

Respondent/Petitioner (Hubner) was convicted of six counts of lewd act upon a child and was sentenced to three consecutive twelve-year terms of imprisonment, two concurrent twelve-year terms of imprisonment, and one fifteen-year term of imprisonment, which was suspended on service of five years’ probation. Hubner appealed.

The Court of Appeals reversed the convictions, holding the trial judge committed reversible error in admitting evidence of a prior sexual assault against a different victim. State v. Hubner, 362 S.C. 572, 608 S.E.2d 463 (Ct.App. 2005). In light of our holding in State v. Wallace, 384 S.C. 428, 683 S.E.2d 275 (2009), the decision of the Court of Appeals is

REVERSED.

TOAL, C.J., and WALLER, J., concur. BEATTY, J., concurring in result only. PLEICONES, J., dissenting in a separate opinion.

Dissenting Opinion

Justice PLEICONES.

For the reasons given in my dissent in State v. Wallace, 384 S.C. 428, 683 S.E.2d 275 (2009), I respectfully dissent.

Reference

Full Case Name
The STATE, Petitioner/Respondent, v. John Gleason HUBNER, Respondent/Petitioner
Cited By
3 cases
Status
Published