State v. Simms

I respectfully dissent because I find there is no criminal offense denominated “high and aggravated breach of the peace” (BPHAN) cognizable in circuit court. Since there is no such offense, I would vacate appellant’s conviction and sentence. See, e.g., State v. Sutton, 340 S.C. 398, 532 S.E.2d 283 (2000) (“conviction” of an offense not recognized in South Carolina is void for lack of subject matter jurisdiction).4

The majority concludes that BPHAN is a common law offense. While I acknowledge that this Court has the ability to create such a crime if it chooses,51 find no evidence that we have…