State v. Patterson, 20737
| Decision Date | 09 August 1978 |
| Docket Number | No. 20737,20737 |
| Citation | 272 S.C. 2,249 S.E.2d 770 |
| Court | South Carolina Supreme Court |
| Parties | The STATE, Respondent, v. Ronnie E. PATTERSON, Veronica Mack, Appellant. |
Michael P. O'Connell, Charleston, for appellant.
Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Brian P. Gibbes, Staff Atty. Kay G. Crowe, and Sol. James C. Anders, Columbia, for respondent.
The appellant, Ronnie E. Patterson, was on May 2, 1977, charged in two separate indictments for distribution of Preludin, a controlled substance drug. The two offenses occurred on March 10, 1977.
On May 31, 1977, the State accepted two guilty pleas by the appellant: (1) to an accommodation sale of Preludin, and (2) to the distribution of Preludin. On the accommodation sale charge, he received a sentence of four months, and on the distribution charge, a sentence of seven years, suspended on the service of three years, to be served consecutively after the four-months sentence. The distribution offense was treated as a second offense for sentencing purposes.
During the following week, on June 9, 1977, the appellant made a motion for resentencing. It was his contention that both offenses should have been treated as "first offenses" for the purpose of sentencing. The trial judge, who had imposed the sentences and was continuing to preside over the court, ruled that the court had no jurisdiction to reconsider and act upon the sentences under the case of State v. Best, 257 S.C. 361, 186 S.E.2d 272 (1972). In that case this court held that a trial judge has no jurisdiction to review his own sentences and substitute sentences after adjournment of the court.
By order dated November 30, 1976, the Chief Justice, under his constitutional administrative authority, had ordered the court of general sessions to sit in Richland County from January 10, 1977, for a period of 24 weeks. It is the contention of the appellant that this 24 week period constituted one term of court such that the sentence could be reconsidered during that entire period of time. It is the contention of the State that each week constitutes a separate term of court and that a judge may not review his own sentences after court adjourns at the end of the week in which the sentences were imposed. We agree with the argument propounded by the State and hold that, generally, when court is ordered by the Chief Justice, each week constitutes a separate term. Accordingly, we hold that the trial judge correctly ruled that he did not have jurisdiction.
The contention of the appellant that he could not be sentenced for a second offense until and unless he had been actually convicted of a first offense prior to the happening of the second offense,...
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Robinson v. State Of South Carolina, 26817.
...permissible for Robinson to enter a plea of guilty to a first and second drug offense during the same proceeding. See State v. Patterson, 272 S.C. 2, 249 S.E.2d 770 (1978) (holding, in a case where defendant pleaded guilty during the same proceeding to a first and second drug offense that o......
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State v. Smith
...of Richland County, 261 S.C. 478, 200 S.E.2d 843 (1973); State v. Moulds, 264 S.C. 404, 215 S.E.2d 445 (1975); and State v. Patterson, 272 S.C. 2, 249 S.E.2d 770 (1978). These cases hold a judge is without authority to alter, amend or modify a sentence imposed by him (1) after the expiratio......
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State v. Slocumb
...judge has no jurisdiction to review his own sentences and substitute sentences after adjournment of the court.” State v. Patterson, 272 S.C. 2, 4, 249 S.E.2d 770, 770 (1978) (citing State v. Best, 257 S.C. 361, 186 S.E.2d 272 (1972) ). “Th[is] rule has two exceptions: a timely post-trial mo......
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State v. Hinson, 23273
...the term of court during which judgment was entered expires. State v. Mixon, 275 S.C. 575, 274 S.E.2d 406 (1981); State v. Patterson, 272 S.C. 2, 249 S.E.2d 770 (1978); State v. Best, 257 S.C. 361, 186 S.E.2d 272 (1972); accord Rule 29, SCRCrimP (effective September 1, 1988). Since appellan......