State v. Swaringen
The STATE v. Joseph M. SWARINGEN
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
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.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
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.