State v. Swaringen

Supreme Court of South Carolina

State v. Swaringen

273 S.E.2d 339, 275 S.C. 509, 1980 S.C. LEXIS 505

CourtSupreme Court of South Carolina

DecidedDecember 29, 1980

Docket21352

StatusPublished

Cited by3 cases

This text of 273 S.E.2d 339 (State v. Swaringen) 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. Swaringen, 273 S.E.2d 339, 275 S.C. 509, 1980 S.C. LEXIS 505 (S.C. 1980).

Pincite

Opinion

Per Curiam:

Appellant plead guilty to an indictment charging him with assault and battery with intent to kill and was sentenced to ten (10) years’ imprisonment. He additionally plead guilty to attempting to obtain possession of a controlled substance by fraud, forgery, deception or subterfuge and was sentenced to three (3) years’ imprisonment. The sentences were to run concurrently.

Appellant alleges that the three (3) year sentence exceeds that authorized by operation of S. C. Code §§ 44-53-390(a) (3) (b) and 44-53-420. We agree.

S. C. Code § 44-53-390(a) (3) make it unlawful for a person to knowingly or intentionally acquire or obtain possession of a controlled substance by misrepresentation, fraud, [511]*511forgery, deception or subterfuge and by operation of subsection (b) imposes a maximum penalty or imprisonment for not more than five (5) years, a fine of not more than $10,000, or both. Where the conviction is for attempt, the maximum penalty which can be imposed is one-half the punishment prescribed for the offense. S. C. Code § 44-53-420.

As appellant’s sentence exceeded that authorized by S. C. Code § 44-53-420, that sentence is vacated, and the case is remanded for resentencing consistent with the above provisions. In all other respects, the convictions are affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam:

Appellant plead guilty to an indictment charging him with assault and battery with intent to kill and was sentenced to ten (10) years’ imprisonment. He additionally plead guilty to attempting to obtain possession of a controlled substance by fraud, forgery, deception or subterfuge and was sentenced to three (3) years’ imprisonment. The sentences were to run concurrently.

Appellant alleges that the three (3) year sentence exceeds that authorized by operation of S. C. Code §§ 44-53-390(a) (3) (b) and 44-53-420. We agree.

S. C. Code § 44-53-390(a) (3) make it unlawful for a person to knowingly or intentionally acquire or obtain possession of a controlled substance by misrepresentation, fraud, [511]*511forgery, deception or subterfuge and by operation of subsection (b) imposes a maximum penalty or imprisonment for not more than five (5) years, a fine of not more than $10,000, or both. Where the conviction is for attempt, the maximum penalty which can be imposed is one-half the punishment prescribed for the offense. S. C. Code § 44-53-420.

As appellant’s sentence exceeded that authorized by S. C. Code § 44-53-420, that sentence is vacated, and the case is remanded for resentencing consistent with the above provisions. In all other respects, the convictions are affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

273 S.E.2d 339, 275 S.C. 509, 1980 S.C. LEXIS 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-swaringen-sc-1980.

Opinion

Related

Cite This Page — Counsel Stack