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MIMS v. STATE

21068

273 S.C. 740 (1979)

259 S.E.2d 602

Terry Lee MIMS, Respondent, v. STATE of South Carolina, Appellant. Johnny Melvin MOORE, Respondent, v. STATE of South Carolina, Appellant. Rudolph POWERS, Respondent, v. STATE of South Carolina, Appellant.

Supreme Court of South Carolina.

October 24, 1979.

Attorney(s) appearing for the Case

Atty. Gen., Daniel R. McLeod, Deputy Atty. Gen., Emmet H. Clair and Staff Atty., Betty J. Willoughby, Columbia, for Appellant.

Thomas J. Thompson, Laurens, for Respondent Mims and Powers.

Richard J. Magner, Laurens, for Respondent Moore.

October 24, 1979.

NESS, Justice:

This is an appeal by the State from an order of the circuit court directing that parole eligibility for the respondents, Terry Lee Mims, Johnny Melvin Moore, and Rudolph Powers, be determined solely upon the six year period of confinement to which each was sentenced, without considering the additional five year "consecutive, suspended" sentence imposed upon each respondent. We reverse.

In March of 1976, respondents...

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