State v. Higgenbottom

WALLER, Justice:

We granted a writ of certiorari to review the Court of Appeals’ opinion in State v. Higgenbottom, 337 S.C. 637, 525 S.E.2d 250 (Ct.App.1999). We reverse.

FACTS

Petitioner entered an Alford 1 plea to possession of cocaine, first offense. 2 The trial court sentenced him to two years imprisonment and a $5,000 fine, suspended upon the service of thirty days imprisonment or payment of $750, and 18 months probation.

The next day, petitioner moved for reconsideration of the probationary sentence. As he had at the plea, petitioner requested twelve months probation. The following colloquy…