Legal Opinion · Dissent

State v. Blakney

Court of Appeals of South Carolina

Decided August 20, 2014No. Appellate Case No. 2012-207286; Appellate Case No. 2012-212966; No. 5266Published

1DissentFew, C.J.

The State and Blakney requested, and the trial court imposed, a sentence we now know was impermissible under law. See State v. Jacobs, 393 S.C. 584, 588-89, 713 S.E.2d 621, 623-24 (2011) (holding a sentencing court has no power to suspend the minimum fifteen year sentence for burglary in the first degree because it carries a maximum sentence of life in prison). The law does not provide this court a clear resolution for the dispute that has arisen as to the execution of that sentence. The majority has thoroughly explained its proposed resolution, and I agree with the majority’s interpretation…

2Cases cited7 opinions

  1. Dover v. StateSupreme Court of South Carolina · 1991
  2. Talley v. StateSupreme Court of South Carolina · 2007
  3. State v. JacobsSupreme Court of South Carolina · 2011
  4. Auto-Owners Insurance v. RhodesSupreme Court of South Carolina · 2013
  5. Roscoe v. StateSupreme Court of South Carolina · 2001

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