Scott v. State

ON WRIT OF CERTIORARI

WALLER, Justice:

Petitioner (the State) petitions the Court to reverse the order of the post-conviction relief (PCR) judge granting relief to respondent. We affirm.

FACTS

A jury in 1989 convicted respondent of trafficking in and transportation of 23.17 grams of cocaine. A circuit judge sentenced respondent to thirty years in prison and a $50,000 fine on the trafficking conviction, and one year, concurrent, on the transportation conviction. The judge, without objection from respondent’s trial attorney, sentenced respondent as a second offender because he had a 1987…