State v. Hubner

Supreme Court of South Carolina

State v. Hubner

683 S.E.2d 279, 384 S.C. 436, 2009 S.C. LEXIS 363

CourtSupreme Court of South Carolina

DecidedAugust 17, 2009

Docket26704

StatusPublished

Cited by3 cases

This text of 683 S.E.2d 279 (State v. Hubner) 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. Hubner, 683 S.E.2d 279, 384 S.C. 436, 2009 S.C. LEXIS 363 (S.C. 2009).

Pincite

Opinions

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.

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