State v. Smith

Malone, J.:

*60 Shawn D. Smith brings his case to us for the second time following the denial of his motion to correct an illegal sentence. At issue is whether Smith's prior South Carolina burglary conviction should be classified as a person or nonperson offense for criminal history purposes. In his last appeal, we vacated Smith's sentence and remanded the case to the district court to apply a modified categorical approach to determine whether Smith's prior South Carolina conviction should be classified as a person felony. On remand, the district court found the South Carolina burglary conviction…