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STATE v. FOWLER

23017

298 S.C. 294 (1989)

379 S.E.2d 899

The STATE of South Carolina, Respondent v. James W. FOWLER, Appellant.

Supreme Court of South Carolina.

Decided May 30, 1989.

Attorney(s) appearing for the Case

Wade S. Weatherford, III, Gaffney, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. William L. Ferguson, York, for respondent.

Heard March 8, 1989.

Decided May 30, 1989.

CHANDLER, Justice:

South Carolina Code Ann. § 56-1-460 (Supp. 1988) assesses enhanced punishment to a motorist guilty of driving under suspension (DUS), when the suspension is based upon a conviction for driving under the influence (DUI). Appellant James W. Fowler (Fowler) contends the statute is not applicable to his conviction for second offense DUS. We agree, reverse and remand for resentencing.

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