State v. England

Supreme Court of South Carolina

State v. England

245 S.E.2d 608, 271 S.C. 129, 1978 S.C. LEXIS 288

CourtSupreme Court of South Carolina

DecidedJune 20, 1978

Docket20717

StatusPublished

This text of 245 S.E.2d 608 (State v. England) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. England, 245 S.E.2d 608, 271 S.C. 129, 1978 S.C. LEXIS 288 (S.C. 1978).

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Opinion

Per Curiam:

Appellant was charged with armed robbery and sentenced by the Family Court as a “youthful offender” under § 24-19-50(c), S. C. Code Ann. (1976), as amended, after a guilty plea to accessory before and after the fact. At the time of the offense appellant was sixteen (16) years of age, but turned seventeen (17) years of age prior to the final dispo[130]*130sition of the charge. On this appeal appellant contends that the disposition of his case should have been handled under § 14-21-620, dealing with “children.”

Section 14-21-510(A) (3), gives the Family Court exclusive original jurisdiction of a person over seventeen (17) years of age who is alleged to have violated the law prior to becoming that age. And where, as here, jurisdiction has not been relinquished in favor of another court under applicable statute, that section states that “. . . such person shall be dealt with under the provisions of this chapter relating to children.” It is clear, therefore, that the charge against appellant should have been dealt with under § 14-21-620.

Accordingly, this case is remanded to the Family Court for disposition consistent with this opinion.

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Per Curiam:

Appellant was charged with armed robbery and sentenced by the Family Court as a “youthful offender” under § 24-19-50(c), S. C. Code Ann. (1976), as amended, after a guilty plea to accessory before and after the fact. At the time of the offense appellant was sixteen (16) years of age, but turned seventeen (17) years of age prior to the final dispo[130]*130sition of the charge. On this appeal appellant contends that the disposition of his case should have been handled under § 14-21-620, dealing with “children.”

Section 14-21-510(A) (3), gives the Family Court exclusive original jurisdiction of a person over seventeen (17) years of age who is alleged to have violated the law prior to becoming that age. And where, as here, jurisdiction has not been relinquished in favor of another court under applicable statute, that section states that “. . . such person shall be dealt with under the provisions of this chapter relating to children.” It is clear, therefore, that the charge against appellant should have been dealt with under § 14-21-620.

Accordingly, this case is remanded to the Family Court for disposition consistent with this opinion.

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Bluebook (online)

245 S.E.2d 608, 271 S.C. 129, 1978 S.C. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-england-sc-1978.