State v. Arbaugh

STARCHER, J. and MCGRAW, J.

(Filed March 5, 2004)

I concur in the result reached by the majority but disassociate myself from the majority opinion insofar as it has been construed by the dissent filed in the ease to justify treating the rule-making power of this Court as capable of altering the punishments imposed by legislative enactment for crimes, *145or capable of impermissibly changing the statutorily mandated conditions under which courts may lawfully grant probation. Davis, J. dissent at 138, 595 S.E.2d at 295. I especially disassociate myself from any effort that may be gleaned from the…