Legal Opinion · Dissent

State v. Brouwer

Court of Appeals of South Carolina

Decided July 23, 2001No. 3373Published

1DissentAnderson, Judge

I respectfully dissent as to the majority’s reversal of Eric Brouwer’s sentence. The majority concludes the trial court, in passing sentence, improperly considered the fact that Brouwer exercised his right to a jury trial. I disagree. I would AFFIRM Brouwer’s sentence.

I. SENTENCING CONSIDERATIONS

A. Goals and Objectives of Sentencing

The goals of sentencing are to reflect the seriousness of the offense, promote respect for the law, provide appropriate punishment, deter criminal conduct, protect the public from *389the defendant’s criminal conduct, and provide the defendant with needed care or…

2Cases cited45 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. Bordenkircher v. HayesSupreme Court of the United States · 1978
  3. United States v. TuckerSupreme Court of the United States · 1972
  4. Hill v. United StatesSupreme Court of the United States · 1962
  5. Alabama v. SmithSupreme Court of the United States · 1989

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