State v. White

GOOLSBY, Judge:

Charlie Lee White appeals his conviction and sentence for driving under the influence, second offense. After the State rested, the solicitor informed the trial court that the State and defense had stipulated jurisdiction was proper in the trial court as this was White’s second offense. South Carolina Code Annotated section 56-5-2980 (Supp.1998) states, “the indictment shall not contain allegations of prior offenses” if the accused stipulates with the solicitor “that the charge constitutes a second or further offense.” The trial court allowed the jury to have the indictment and…