State v. Thomas

Christopher Thomas (appellant) pled guilty to distribution of crack cocaine within a prohibited proximity of a school. Appellant was sentenced to the minimum term of ten years as provided by S.C.Code Ann. § 44-53-445 (2002). He now seeks a new sentencing hearing, claiming the circuit court judge erroneously declared that he had no power to suspend appellant’s sentence because a minimum sentence was provided by statute. We reverse and remand.

FACTS

Appellant was indicted for distribution of crack cocaine and distribution within one-half mile of a school. The State dropped the distribution…