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STATE v. PAYNE

No. 2873.

332 S.C. 266 (1998)

504 S.E.2d 335

The STATE, Respondent, v. Robert PAYNE, Appellant.

Court of Appeals of South Carolina.

Decided July 20, 1998.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Pachak, of Office of Appellate Defense, Columbia, for appellant.

Attorney General Charles M. Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General G. Robert DeLoach, III, all of Office of the Attorney General, Columbia; and Solicitor Ralph J. Wilson, Conway, for respondent.

HOWARD, Justice:

This cases raises the fundamental question of whether the State or the defendant bears the burden of proof when the defendant collaterally attacks a prior conviction which the State seeks to use under a sentence enhancement statute. Robert Payne was convicted of driving under the influence (DUI) second offense and sentenced to six months imprisonment. Payne appeals the enhancement of his sentence arguing he should have been sentenced as a first offender...

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