State v. Storgee

Supreme Court of South Carolina

State v. Storgee

288 S.E.2d 397, 277 S.C. 412, 1982 S.C. LEXIS 306

CourtSupreme Court of South Carolina

DecidedMarch 1, 1982

Docket21654

StatusPublished

Cited by3 cases

This text of 288 S.E.2d 397 (State v. Storgee) 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. Storgee, 288 S.E.2d 397, 277 S.C. 412, 1982 S.C. LEXIS 306 (S.C. 1982).

Pincite

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.

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