State v. Donahue

Michael Donahue pled guilty to burglary in the third degree. He appeals his sentence, arguing the circuit court erred *606in treating him as a second offender based on his previous burglary conviction in Georgia. We affirm.

Burglary in the third degree is defined in section 16-11-313 of the South Carolina Code (2003). Subsection 16-11-313(B) provides: “Burglary in the third degree is a felony punishable by imprisonment for not more than five years for conviction on a first offense and for not more than ten years for conviction of a second offense according to the discretion of the Court.” Before…