City of North Charleston v. Harper
South Carolina Supreme Court
410 S.E.2d 569, 306 S.C. 153 (1991)
- Written by Patrick Speice, JD
Facts
Clarence Harper (defendant) was charged with possession of a controlled substance in violation of a local North Charleston law. Harper was convicted and sentenced to 30 days in jail—the mandatory minimum sentence specified in the North Charleston law. Harper appealed, arguing that the mandatory minimum sentence set forth in the North Charleston law is invalid because the minimum-sentence provision in the law conflicts with a South Carolina state law granting local judges discretion to sentence defendants convicted of possession of a controlled substance to either a fine or up to 30 days in jail. The circuit court agreed with Harper, and the state appealed the circuit court’s decision, arguing that the North Charleston law does not conflict with the state law because the mandatory minimum sentence is within the penalties authorized under the state law.
Rule of Law
Issue
Holding and Reasoning (Harwell, J.)
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