State v. Baucom

I respectfully dissent and would reverse, because I disagree with the majority’s ruling that “the General Assembly’s intent in enacting [section] 56-5-2940 was to provide for enhancement of punishment in the face of a statutory pardon.” In my view, enhancement of punishment of future crimes due to a pardoned crime is a collateral consequence of the pardoned crime.

“ ‘Pardon’ means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty or whatever else…