Public-domain · open source
OpenJurist

277 S.C. 211

284 S.E.2d 780

State v. Foster

Supreme Court of South Carolina

Decided November 24, 1981

Supreme Court of South Carolina · decided 1981-11-24

Key passage — most relied on by later courts

“is mandatory. We hold therefore that the Habitual Offender Act requires the judge to impose its penalty when ... he finds the individual before him is a[ ] habitual offender. State v. Foster , 277 S.C. 211 , 212, 284 S.E.2d 780 , 780 (1981) (third alteration by court) (citations omitted). Section 56-1-1020 defines a habitual offender as”

quoted by 1 later decision, including S.C. Dep't of Motor Vehicles v. Dover

“shall direct that the person not operate a motor vehicle on the highways of this [s]tate and [that he] surrender to the court his driver's license or permit.”

quoted by 1 later decision, including S.C. Dep't of Motor Vehicles v. Dover

Relies on Green v. Zimmerman · Ex Parte: Tolbert: In Re: Tolbert's Estate

Good law ✅— No negative treatment on recordhow we know

Decided 1981-11-24

How this case has been cited

Cited by 7 later decisions — most recently March 2018

3 state decisions

201981199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam:

¶1 The respondents were summoned to court on rules to show cause why they should not be barred from operating motor vehicles on highways of this State, as directed by the Habitual Offender Act, S. C. Code of Laws, §§ 56-1-1010 through -1130 (1976). The trial judge found each had committed offenses subjecting him to treatment as an habitual offender. See S. C. Code of Laws, § 56-1-1070 (1976). He issued orders stating he found the circumstances did not justify the use of the Habitual Offender Act. We vacate these orders and remand for application of the penalty mandated by the Act.

¶2 When a trial judge finds the individual before him is an habitual offender, he “shall direct that the person not operate a motor vehicle on the highways of this State and [that he] surrender to the court his drivers license or permit.” S. C. Code of Laws, § 56-1-1070 (1976). The statute is clear and explicit; it leaves no room for construction. The Court must therefore apply it literally. Green v. Zimmerman, 269 S. C. 535, 238 S. E. (2d) 323 (1977). Taken literally, the word “shall” is mandatory. Ex Parte Tolbert, 206 S. C. 300, 34 S. E. (2d) 49 (1945). We hold therefore that the Habitual Offender Act requires the judge to impose its penalty when, as here, he finds the individual before him is an habitual offender.

¶3 The trial judge erred by exercising his discretion in a matter not entrusted to his discretion. We vacate the orders and remand with instructions to the trial judge to impose the penalty set out in the Habitual Offender Act.

/277/sc/211 · .json · Public domain