State v. Varner

Harwell, Chief Justice:

Melvin Varner (Varner) appeals his life sentence for kidnapping, claiming that he should be resentenced under an amended kidnapping statute enacted while his appeal was pending. We affirm his sentence as imposed prior to the amendment.

I. FACTS

On February 6, 1991, Varner was convicted of kidnapping and sentenced to life imprisonment as required by prior S.C. Code Ann. § 16-3-910 (1985). Varner appealed. While Varner’s appeal was pending, the legislature amended section 16-3-910 to reduce the maximum penalty for kidnapping from life to thirty years imprisonment. We…