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277 S.C. 472

State v. Fowler

Supreme Court of South Carolina

Decided March 10, 1982

Supreme Court of South Carolina · decided 1982-03-10

Cited by 2 later decisions — most recently January 1999

2 state decisions

Applies SC 44 § 44-53-190 · SC 44 § 44-53-420

Relies on State v. Hill

Good law ✅— No negative treatment on recordhow we know

Decided 1982-03-10

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Per Curiam:

¶1Appellant entered guilty pleas to possession of marijuana with intent to distribute, second offense, and to conspiracy to distribute marijuana, second offense. He was sentenced to two concurrent terms of nine (9) years each.

¶2The maximum sentence for conspiracy to commit a drug offense is one-half of the maximum punishment for the offense which was the object of the conspiracy. S. C. Code Ann. § 44-53-420 (1976). The maximum sentence for distribution of marijuana, second offense, is ten years; therefore the maximum allowable sentence for appellant on the conspiracy charge was five years. S. C. Code Ann. §§ 44-53-190(d), 44-53-370(b) (2) (1976).

¶3A sentence imposed in excess of statutory authority requires remanding the case for resentencing in conformity with the applicable statutes. State v. Hill, 254 S. C. 321, 175 S. E. (2d) 227 (1970).

¶4*474We reverse appellant’s conspiracy sentence and remand for resentencing. Otherwise, the judgment below is affirmed.

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