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State v. Swaringen

The STATE v. Joseph M. SWARINGEN

State v. Swaringen, 273 S.E.2d 339 (S.C. 1980)
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Court
Supreme Court of South Carolina · State Highest Courts
Decided
December 29, 1980
Docket
No. 21352
Citations
273 S.E.2d 339275 S.C. 5091980 S.C. LEXIS 505

Opinion of the Court

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Per Curiam:

Appellant plead guilty to an indictment charging him with assault and battery with intent to kill and was sentenced to ten (10) years’ imprisonment. He additionally plead guilty to attempting to obtain possession of a controlled substance by fraud, forgery, deception or subterfuge and was sentenced to three (3) years’ imprisonment. The sentences were to run concurrently.

Appellant alleges that the three (3) year sentence exceeds that authorized by operation of S. C. Code §§ 44-53-390(a) (3) (b) and 44-53-420. We agree.

S. C. Code § 44-53-390(a) (3) make it unlawful for a person to knowingly or intentionally acquire or obtain possession of a controlled substance by misrepresentation, fraud, *511 forgery, deception or subterfuge and by operation of subsection (b) imposes a maximum penalty or imprisonment for not more than five (5) years, a fine of not more than $10,000, or both. Where the conviction is for attempt, the maximum penalty which can be imposed is one-half the punishment prescribed for the offense. S. C. Code § 44-53-420.

As appellant’s sentence exceeded that authorized by S. C. Code § 44-53-420, that sentence is vacated, and the case is remanded for resentencing consistent with the above provisions. In all other respects, the convictions are affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1984: 11997: 11999: 119842026peak 1984 · 1

Relies on it most ⓘ

  1. State v. Johnston489 S.E.2d 228 (S.C. Ct. App. 1997)
  2. State v. Johnston510 S.E.2d 423 (S.C. 1999)
  3. Furman v. United States602 F. Supp. 444 (D.S.C. 1984)

Most recent

  1. State v. Johnston510 S.E.2d 423 (S.C. 1999)
  2. State v. Johnston489 S.E.2d 228 (S.C. Ct. App. 1997)
  3. Furman v. United States602 F. Supp. 444 (D.S.C. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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