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277 S.C. 412

288 S.E.2d 397

State v. Storgee

Supreme Court of South Carolina

Decided March 1, 1982

Supreme Court of South Carolina · decided 1982-03-01

Cited by 5 later decisions — most recently January 1999

5 state decisions

Relies on State v. Hill · B. T. Rushing & Co. v. Seaboard Air Line Ry.

Good law ✅— No negative treatment on recordhow we know

Decided 1982-03-01

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Per Curiam:

¶1 Appellant pleaded guilty to attempted burglary and was sentenced to thirteen (13) years’ imprisonment. We remand for resentencing.

¶2 In State v. Puckett, 95 S. C. 114, 78 S. E. 737 (1913) this Court recognized that attempted burglary is an indictable offense. Generally, attempted felonies are considered misdemeanors. 22 C. J. S. Criminal Law, Section 74.

¶3 When no special punishment is provided for a misdemeanor, the sentence shall not exceed ten (10) years. South Carolina Code Ann. Section 17-25-20 (1976). *413 Since the sentence imposed here exceeds the statutory maximum, the sentence must be vacated and the case remanded for resentencing. State v. Hill, 254 S. C. 321, 175 S. E. (2d) 227 (1970).

¶4 Appellant’s conviction is affirmed and the case is remanded to the lower court for resentencing in accordance with Section 17-25-20.

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