State v. Rider

Moore, Justice:

Appellant was convicted of stalking under S.C. Code Ann. § 16-3-1070 (Supp. 1994). While this appeal was pending, § 16-3-1070 was expressly repealed without a saving clause and a new stalking statute was enacted redefining this crime. See 1995 S.C. Act No. 94. A conviction must be vacated if the penal statute the defendant is charged with violating is repealed without a saving clause while the case is pending on appeal. State v. Spencer, 177 S.C. 346, 357-58, 181 S.E. 217 (1935).1 Accordingly, appellant’s conviction is

Vacated.

Finney, C.J., and Toal, Waller, and Burnett, JJ.,…