State ex rel. McLeod v. County Court of Richland County
| Decision Date | 29 November 1973 |
| Docket Number | No. 19730,19730 |
| Court | South Carolina Supreme Court |
| Parties | STATE of South Carolina, ex rel. Daniel R. McLEOD, Attorney General, Petitioner, v. The COUNTY COURT OF RICHLAND COUNTY, South Carolina, and William Floyd Baskins, Respondents. STATE of South Carolina, ex rel. Daniel R. McLEOD, Attorney General, Petitioner, v. The COUNTY COURT OF RICHLAND COUNTY, South Carolina, and Inez Nelson, Respondents. STATE of South Carolina, ex rel. Daniel R. McLEOD, Attorney General, Petitioner, v. The COUNTY COURT OF RICHLAND COUNTY, South Carolina, and Minnie Marie Taylor by her Guardian ad Litem, Hermine Taylor, Respondents. STATE of South Caronia, ex rel. Daniel R. McLEOD, Attorney General, Petitioner, v. The COUNTY COURT OF RICHLAND COUNTY, South Carolina, and Russell Wayne 'Rusty' Wyly by his Guardian ad Litem, Joseph C. Wyly, Jr., Respondents. |
Atty. Gen., Daniel R. McLeod, Asst. Attys. Gen., C. T. Goolsby and Karen L. Henderson, and Sol. John W. Foard, Columbia, for petitioner.
Walter W. Brooks, Columbia, for respondent William Floyd Baskins.
John M. Young, Richland County Public Defender, Columbia, for respondents Inez Nelson and Minnie Marie Taylor.
Thomas C. Mann, Columbia, for respondent Rusty Wyly.
Terrell L. Glenn, Columbia, for respondent, Richland County Court.
The matters involved in this opinion are before the Court as a result of writs of certiorari, issued by the Chief Justice, ordering the Richland County Court to certify and return to this Court true copies of all records in any way affecting and relating to its orders amending the original sentences of the four individual respondents: William Floyd Baskins, Inez Nelson, Minnie Marie Taylor, and Russell Wayne 'Rusty' Wyly. The State of South Carolina at the relation of its Attorney General (hereinafter referred to as the State) challenges the authority of the Richland County Court to amend its sentences after the adjournment of a term of court under circumstances set forth hereinafter.
After the writs were issued, the records were certified to this Court. Briefs were filed and all issues argued at the October 1973 term. It is the position of the State that Judge John A. Mason was without authority to amend the sentences involved and that the orders attempting to amend the respective sentences were void. The State requests this Court to declare the attempted amendments void and to require service of the sentences as originally imposed. The Richland County Court as well as the individual respondents take a contra position and ask that the cases be dismissed.
William Floyd Baskins was indicted by the grand jury during the April 1969 term of the Court of General Sessions for Richland County upon a bill of indictment charging him with having committed the offense of assault and battery of a high and aggravated nature. That indictment was subsequently transferred to the Richland County Court (apparently pursuant to South Carolina Code § 15--678 (1962)). Baskins was convicted by a jury of the offense alleged in the indictment and, on November 18, 1969, was sentenced by Judge John A. Mason to serve a three-year term of imprisonment.
On Demcember 29, 1969, after the term of court had ended, Judge Mason amended Baskins' sentence so as to provide that he be released from confinement and placed on probation for a period of three years.
While Baskins was on probation, he was, at the December 1970 term of the Court of General Sessions for Richland County, indicted again by the grand jury. This time he was charged with housebreaking. This indictment was transferred to the Richland County Court for disposition. He entered a plea of guilty to the offense and was sentenced by Judge Mason on December 16, 1970, to serve three years' imprisonment. On the same day, he was also sentenced to serve a three year concurrent sentence for a separate offense or breaking with intent to steal. On the same day, Judge Mason revoked the suspended probationary sentence of December 29, 1969, referred to hereinabove, and directed that it also run concurrently with the other two sentences.
On October 11, 1971, Judge Mason amended Baskins' sentences so as to suspend them after the service of two years, to run from December 16, 1970.
After this proceeding was commenced in this Court, Judge Mason, on September 20, 1973, revoked the amend sentences of December 29, 1969, and October 11, 1971, and reinstated the original sentences of November 18, 1969, and of December 16, 1970, allowing Baskins credit for time served on each. This action was taken upon motion of the Solicitor of the Fifth Judicial Circuit and with the consent of Baskins and his counsel. Baskins submits that all issues as relate to him are now moot. The State takes the position that any effort on the part of the judge of the county court to deal with the case was improper inasmuch as jurisdiction for dealing with the case at the time in the Supreme Court. While it is true generally that a lower court may not continue to issue orders in a case while it is being considered by the Supreme Court, we think
that the State, having sought the relief through one of its prosecuting officers, is not in a position to deny that the issues are moot. The sentences have been invoked and are apparently being served. The State can ask no more. We do not hold that the amended sentences were proper; we merely say that the issues as relate to Baskins are moot in the sense that no more can be demanded of him.
Inez Nelson was indicated by the Richland County grand jury upon a bill of indictment charging her with having committed the offenses of (1) resisting an officer, (2) unlawfully carrying a weapon, and (3) pointing and presenting a firearm. That indictment was transferred to the Richland County Court for disposition. On March 21, 1972, Nelson was convicted by a jury of the three offenses alleged in the indictment and sentenced by Judge Mason to serve a three-year term of imprisonment. The sentence was suspended upon service of one year and she was placed on probation for a period of two years thereafter.
On September 5, 1972, Judge Mason amended Nelson's sentence so as to release her from confinement and place her on probation for two years after service of five months and fifteen days imprisonment instead of one year imprisonment and two years' probation. It is clear that the State had no legal notice and was not represented when this action was taken.
Minnie Marie Taylor was indicted by the grand jury during the August 1971 term of the Court of General Sessions for Richland County upon two bills of indictment charging her with the unlawful possession of heroin. On January 24, 1972, after...
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