State v. Rider, 24368
Decision Date | 02 November 1995 |
Docket Number | No. 24368,24368 |
Citation | 466 S.E.2d 367,320 S.C. 533 |
Court | South Carolina Supreme Court |
Parties | The STATE, Respondent, v. Kathy RIDER, Appellant. . Heard |
Philip A. Middleton, O. Grady Query, and Mark V. Evans, Charleston, for appellant.
T. Travis Medlock, Attorney General, Donald J. Zelenka, Chief Deputy Attorney General, Harold M. Coombs, Jr., Senior Assistant Attorney General, and Charles F. Reid, Staff Attorney, Columbia; and Solicitor David Price Schwacke, N. Charleston, for respondent.
1 In the recent case of State v. Varner, 310 S.C. 264, 423 S.E.2d 133 (1992), this Court held an appellant is not entitled to the lesser sentence provided by amendment to a penal statute when the amendment becomes effective while the case is pending on appeal. Varner does not apply here. As noted in Spencer, supra, a statutory change in punishment is distinguishable from the repeal of a criminal law defining the crime itself.
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