State v. Sanders

Respondent, Kevin Sanders, moved for the trial court to quash a Berkeley County indictment charging him with trafficking in heroin, more than 14 grams but less than 28 grams, on the grounds of double jeopardy. He asserted he had previously pled guilty in Charleston County to possession of heroin with intent to distribute and that conviction barred prosecution of the Berkeley County heroin charge. The trial judge ruled prosecution of the Berkeley County heroin charge would violate the Double Jeopardy Clause and granted respondent’s motion. The State appeals. We reverse and remand.

ISSUE

The only…