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288 S.C. 441

343 S.E.2d 292

State v. Kiser

Supreme Court of South Carolina

Decided April 14, 1986

Supreme Court of South Carolina · decided 1986-04-14

Cited by 11 later decisions — most recently October 2008

11 state decisions

Key passage — most relied on by later courts

“By applying a head-count analysis, we find that seven members of the Court supported a continued Eighth Amendment guarantee against disproportional sentences. Only four justices, however, supported the continued application of all three factors [outlined] in Solem , and five justices rejected it. Thus, this much is clear: disproportionality survives; Solem does not. Only Justice Kennedy’s opinion reflects [this] view. It is to his opinion, therefore, that we turn for direction. Accordingly, we will initially make a threshold comparison of the gravity of McGruder’s offenses against the severity of his sentence. Only if we infer that the sentence is grossly disproportionate to the offense will we then consider the remaining factors of the Solem test and compare the sentence received to (1) sentences for similar crimes in the same jurisdiction and (2) sentences for the same crime in other jurisdictions.”

quoted by 1 later decision, including State v. Brannon

Applies SC 44 § 44-53-370

Relies on Illinois v. Gates · Solem v. Helm · Brotherhood of Locomotive Firemen & Enginemen v. Bangor & Aroostook Railroad

Good law ✅— No negative treatment on recordhow we know

Decided 1986-04-14

View the full empirical analysis of this case →

Per Curiam:

¶1 Appellant was convicted of possession of greater than one hundred pounds of marijuana (“trafficking in marijuana”) and sentenced to the mandatory minimum sentence of twenty-five years and fined twenty-five thousand dollars. S. C. Code Ann. § 44-53-370(e)(l)(b) (1985). Appellant contends this statute is unconstitutional. We disagree and affirm.

¶2 Appellant argues that the mandatory minimum sentence as provided in S. C. Code Ann. § 44-53-370(e)(l)(b) (1985) violates the due process, equal protection, and cruel and unusual punishment clauses of the United States and South Carolina Constitutions. Section 44-53-370(e)(l)(b) provides:

(e) Any person who knowingly sells, manufactures, delivers, or brings into this State, or who provides financial assistance or otherwise aids, abets, or conspires to sell, manufacture, deliver, or bring into this State, or who is knowingly in actual or constructive possession of: (1) Ten pounds of marijuana is guilty of a felony which *443 is known as “trafficking in marijuana” and upon conviction must be punished as follows if the quantity involved is:
(b) One hundred pounds or more, but less than two thousand pounds, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended, and a fine of twenty-five thousand dollars.

¶3 Due Process and Equal Protection

¶4 Appellant argues that the statute violates substantive due process and equal protection because the mandatory sentence is not “rationally related to any legitimate state goal.” Appellant also contends that § 44-53-370 violates equal protection because it unconstitutionally “singles out those convicted of drug trafficking offenses for mandatory minimum sentences.” It is abundantly clear that the State has a vital interest in protecting its citizens from the “grave public health threat” of large scale marijuana trafficking. “[T]he decision to single out marijuana traffickers for especially harsh penalties has the rational basis of protecting the public health by attacking the most pressing danger with the stiffest penalties.” United States v. Richards, 737 F. (2d) 1307, 1310 (4th Cir. 1984), cert. denied, _U. S._, 105 S. Ct. 779, 83 L.Ed. (2d) 774 (1985).

¶5 Cruel and Unusual Punishment

¶6 The cruel and unusual punishment clause requires that the duration of a sentence not be grossly out of proportion with the severity of the crime. Solem v. Helm, 463 U. S. 277, 103 S. Ct. 3001, 77 L. Ed. (2d) 637 (1983); State v. Gamble, 249 S. C. 605, 155 S. E. (2d) 916 (1967), cert. denied, 390 U. S. 927, 88 S. Ct. 862, 19 L.Ed. (2d) 988 (1968). In reviewing sentences for proportionality, three objective criteria are considered: (1) the gravity of the offense compared to the harshness of the penalty; (2) sentences imposed on other criminals in the same jurisdiction; and (3) sentences for the same crime in other jurisdictions. Solem v. Helm, supra. Having applied the above criteria to § 44-53-370(e)(1)(b), we find that the mandatory minimum punish *444 ment is not disproportionate. See State v. Johnson, 276 S. C. 444, 279 S. E. (2d) 606 (1981).

¶7 Appellant’s other exceptions are without merit and are affirmed pursuant to Supreme Court Rule 23 and the following authorities: Illinois v. Gates, 462 U. S. 213, 103 S. Ct. 2317, 76 L. Ed. (2d) 527 (1983); State v. Diamond, 280 S. C. 296, 312 S. E. (2d) 550 (1984); State v. Adams, 279 S. C. 228, 306 S. E. (2d) 208, cert. denied, 464 U. S. 1023, 104 S. Ct. 558, 78 L. Ed. (2d) 730 (1983).

¶8 Affirmed.

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