State v. Phillips

The State appeals the Court of Appeals’ decision invalidating respondent’s sentence of life without parole. We grant the petition for certiorari, dispense with further briefing, and affirm as modified.

FACTS

Respondent was convicted of second-degree arson and sentenced to life without parole (LWOP). The Court of Appeals affirmed the second-degree arson conviction, but reversed and remanded as to the LWOP sentence finding the use of a 1979 burning conviction was inappropriate for sentence enhancement purposes. State v. Phillips, 393 S.C. 407, 712 S.E.2d 457 (Ct.App.2011). The State now seeks…