State v. Jacobs

Abel Jacobs (Appellant) appeals the circuit court’s decision that a sentence for burglary in the first degree cannot be suspended under the language of South Carolina Code section 24-21-410. We affirm.

Procedural Background

In January 2010, Appellant pled guilty to a variety of criminal charges, including a charge for first degree burglary. At the plea hearing, defense counsel asked the circuit judge to suspend the minimum fifteen year sentence for first degree burglary in lieu of placing Appellant under probation. Defense counsel opined that state courts have routinely suspended sentences for…