State v. Woody

HOWARD, Judge:

Minyard Lee Woody was convicted of second degree burglary and sentenced to life in prison without the possibility of parole, pursuant to S.C.Code Ann. § 17-25-45 (Supp.2000). 1 Woody appeals his burglary sentence, arguing the trial court erred by refusing to apply S.C.Code Ann. § 17-25-50 (1985) so as to treat his two prior convictions as one for purposes of sentencing. We vacate Woody’s life sentence and remand for re-sentencing on the burglary conviction.

FACTS

Woody was convicted of second degree burglary in July, 1999. At sentencing, the State asserted this was Woody’s third…