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STATE v. TISDALE

No. 2456.

467 S.E.2d 270 (1996)

The STATE, Appellant, v. John David TISDALE, Respondent.

Court of Appeals of South Carolina.

Decided February 5, 1996.

Attorney(s) appearing for the Case

Solicitor David P. Schwacke and Assistant Solicitor Amie L. Clifford, N. Charleston, for appellant.

Mark V. Evans, Charleston, for respondent.

GOOLSBY, Judge:

James David Tisdale pled guilty to driving under the influence (DUI), third offense. The State appeals the trial court's suspension of part of Tisdale's sentence. We reverse and remand.1

At the sentencing hearing, Tisdale's counsel acknowledged to the trial court that Tisdale realized a sixty-day sentence was mandatory, but requested the trial court sentence Tisdale to house arrest or allow him to serve the time...

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