State v. Green

SHULER, Judge:

Larry Green appeals his conviction and sentence for third degree criminal sexual conduct (CSC), arguing the trial court lacked subject matter jurisdiction to convict him of the offense. We agree and vacate Green’s conviction.1

PROCEDURAL HISTORY

On October 21, 1996, a Hampton County grand jury indicted Larry Green on one count of first degree CSC with a minor in violation of S.C.Code Ann. § 16-3-655(1) (1985). Following a mistrial, Green was retried in June 1998. Over Green’s objection, the trial court submitted several allegedly lesser included offenses for the jury’s…