Bryant v. State

Citation683 S.E.2d 280,384 S.C. 525
Decision Date14 September 2009
Docket NumberNo. 26719.,26719.
PartiesPete S. BRYANT, Respondent, v. STATE of South Carolina, Petitioner.
CourtUnited States State Supreme Court of South Carolina

Justice KITTREDGE.

We granted a writ of certiorari to review the grant of post-conviction relief (PCR) to Pete S. Bryant. On December 11, 1997, Bryant was convicted of armed robbery. Because Bryant had "prior conviction[s]" for armed robbery, he was sentenced to life without parole under section 17-25-45 of the South Carolina Code. The PCR court ruled that Bryant was not subject to a life without parole sentence and vacated the sentence. We reverse.

I.

On December 27, 1996, at approximately 1:30 p.m., while armed with a pistol, Bryant and accomplices robbed the E-Z Shop BP Station in Orangeburg County, South Carolina. The next day, December 28, around 2:00 a.m., Bryant and accomplices committed a second armed robbery of a convenience store, this time in Colleton County. On December 29, shortly before midnight, Bryant and accomplices committed a third and final armed robbery in Jasper County. In early January 1997, Bryant was arrested and charged with three armed robberies.

Bryant pled guilty on July 8, 1997, to the armed robberies in Colleton and Jasper Counties and was sentenced to ten years in prison. On December 11, 1997, Bryant was convicted of the Orangeburg County armed robbery. The trial court sentenced Bryant to life without parole in light of its reading of sections 17-25-45 and 17-25-50 of the South Carolina Code. Trial counsel failed to challenge the court's construction of these statutes. Bryant's direct appeal was affirmed by the court of appeals. State v. Bryant, Op. No. 99-UP-654 (S.C. Ct.App. filed Dec. 21, 1999).

II.

Bryant's initial application for PCR in 2000 was denied. In 2003, this Court held in State v. Gordon, 356 S.C. 143, 154, 588 S.E.2d 105, 111 (2003) that sections 17-25-45 and 17-25-50 "must be construed together in determining whether crimes committed at points close in time qualify for a recidivist sentence." The Gordon Court applied its decision retroactively. Id. at 155 n. 12, 588 S.E.2d at 111 n. 12.

Based on Gordon, Bryant filed the current PCR application in 2004 alleging ineffective assistance of counsel for failing to challenge the trial court's interpretation of sections 17-25-45(F) and 17-25-50. Bryant asserted at the PCR hearing that he was not a "career criminal," the armed robberies were not "isolated," and the robberies constituted "one string of events." The PCR court agreed and granted relief. The PCR court referenced Gordon and found that "all the Applicant's armed robbery offenses stemmed from a single criminal incident and were committed so closely in point of time as to be treated as one offense under S.C.Code Ann. Section 17-25-50 (Supp.2004)."

The State petitioned for a writ of certiorari, which we granted.

III.

An appellate court "will reverse the PCR judge's decision when it is controlled by an error of law." Pierce v. State, 338 S.C. 139, 145, 526 S.E.2d 222, 225 (2000). As this case involves statutory interpretation, we are presented with a question of law. See Catawba Indian Tribe of S.C. v. State, 372 S.C. 519, 524, 642 S.E.2d 751, 753 (2007) ("The issue of interpretation of a statute is a question of law for the court.").

"The primary rule of statutory construction is to ascertain and give effect to the intent of the legislature." Mid-State Auto Auction of Lexington, Inc. v. Altman, 324 S.C. 65, 69, 476 S.E.2d 690, 692 (1996). A statute should be read as a whole. Id. Further, "[s]tatutes which are part of the same legislative scheme should be read together." Great Games, Inc. v. S.C. Dep't of Revenue, 339 S.C. 79, 84, 529 S.E.2d 6, 8 (2000). "Unless there is something in the statute requiring a different interpretation, the words used in a statute must be given their ordinary meaning." Mid-State Auto, 324 S.C. at 69, 476 S.E.2d at 692.

IV.

The resolution of this case requires the Court to examine the legislative history of section 17-25-45, scrutinize the interplay between subsection (F) of section 17-25-45 and 17-25-50, and revisit Gordon, in light of the 2006 amendment to section 17-25-45(F).

For the reasons discussed below, we adhere to that part of Gordon holding sections 17-25-45(F) and 17-25-50 must be construed together, as section 17-25-50 operates in some situations to preclude the imposition of a life without parole sentence. 356 S.C. at 154, 588 S.E.2d at 111. We overrule Gordon insofar as its assessment of legislative intent concerning sections 17-25-45(F) and 17-25-50. 356 S.C. at 153-54, 588 S.E.2d at 110-11.

Specifically, referring to sections 17-25-45 and 17-25-50, a majority of this Court in Gordon stated "the recidivist statute is aimed at career criminals, those who have been previously sentenced and then commit another crime." 356 S.C. at 154, 588 S.E.2d at 111. Gordon further concluded that "[t]he purpose of requiring separate offenses is to ensure that those offenders being sentenced under the harsh provisions of a recidivist sentencing statute have not been classified as habitual offenders because of multiple convictions arising from a single criminal enterprise." Id. at 154, 588 S.E.2d at 110-11 (quoting State v. Benjamin, 353 S.C. 441, 446, 579 S.E.2d 289, 291 (2003) (Waller, J., dissenting)).

A.

Section 17-25-45(F)

In the abstract, the policy rationale of the majority in Gordon is entirely defensible. But the desired policy of the Gordon majority is at odds with the unambiguous language in section 17-25-45(F). We do not make this finding lightly, for we recognize that a rigid application of section 17-25-45(F), standing alone, would lead to harsh results. Our perception of the potential for harsh results, however, serves as no license to construe the statute in a manner inconsistent with its clear language. Moreover, as addressed below, section 17-25-50 serves in most situations as a meaningful safeguard to the perceived unfair imposition of a life without parole sentence.

The view of the Gordon majority is, we believe, best understood by looking to the predecessor to section 17-25-45(F). In 1982, the Legislature repealed former section 17-25-40 of the South Carolina Code (1976) and replaced it with section 17-25-45. The statute listed certain offenses and provided that "any person who has three convictions" shall be sentenced to life in prison. S.C.Code Ann. § 17-25-45(l)(A) (1985). Of particular significance is the following provision:

[A] conviction shall be considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction shall be considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense.

S.C.Code Ann. § 17-25-45(l)(C) (1985). The language of the 1982 statute fits well with policy notions set forth in Gordon of "habitual offenders," "multiple criminal trials," "multiple convictions," and "opportunities to understand the gravity of [one's] behavior." Gordon, 356 S.C. at 154, 588 S.E.2d at 111.

The 1995 amendments to section 17-25-45 abandoned the necessity that a subsequent offense for enhancement purposes occur after imposition of the sentence for the prior offense. The same is true with amendments subsequent to 1995. Thus, while the Gordon rationale fits well with the 1982 legislation, those policy considerations are nowhere to be found in the prevailing statutory language, effective with the 1995 amendments.

In 1996, when Bryant committed the armed robberies, subsection (F) provided:

For the purpose of determining a prior conviction under this section only, a prior conviction shall mean the defendant has been convicted of a most serious or serious offense, as may be applicable, on a separate occasion, prior to the instant adjudication.

S.C.Code Ann. § 17-25-45(F) (Supp.1995).

As noted, this Court decided Gordon in 2003, making a determination of legislative intent as to subsection (F). In 2006, the Legislature amended section 17-25-45(F), and we believe the amendment was in response to Gordon on two fronts. First, the Legislature confirmed the correctness of Gordon's holding that sections 17-25-45(F) and 17-25-50 must be construed together. Second, the Legislature repudiated Gordon's reading of "a prior or previous conviction."

For the purpose of determining a prior or previous conviction under this section and Section 17-25-50, a prior or previous conviction shall mean the defendant has been convicted of a most serious or serious offense, as may be applicable, on a separate occasion, prior to the instant adjudication. There is no requirement that the sentence for the prior or previous conviction must have been served or completed before a sentence of life without parole can be imposed under this section.

S.C.Code Ann. § 17-25-45(F) (Supp.2008) (emphasis added).

Even in the absence of the second sentence added to subsection (F) in 2006, the statute provides that "a prior conviction shall mean the defendant has been convicted of a most serious or serious offense ... on a separate occasion, prior to the instant adjudication." S.C.Code Ann. § 17-25-45(F) (Supp.1995). Bryant's situation falls squarely within the triggering language of section 17-25-45(F), as it existed in 1996. The last sentence in subsection (F), added in 2006, confirms the timing feature contained in the first sentence and repudiates Gordon's contrary interpretation.

B.

Section 17-25-50

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