Higgins v. State

Harwell, Chief Justice:

We granted petitioner State of South Carolina’s application for writ of certiorari to review the postconviction relief (PCR) judge’s determination that respondent Edward Higgins received an illegal sentence. We reverse.

I. FACTS

A jury found respondent guilty of malicious injury to personal property. He was sentenced to the maximum term of ten years imprisonment, suspended upon service of eight years with probation for five years and restitution to the victim in the amount of $1,525.00. After incarceration, respondent sought PCR, alleging, among other things, that he was…