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STATE v. TAUB

No. 3019.

336 S.C. 310 (1999)

519 S.E.2d 797

The STATE, Appellant, v. Michael Lee TAUB, Respondent.

Court of Appeals of South Carolina.

Decided June 28, 1999.

Rehearing Denied September 11, 1999.

Attorney(s) appearing for the Case

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 Columbia; and Solicitor Holman C. Gossett, Jr., of Spartanburg, for appellant.

Keith Giese, of Columbia, for respondent.

HOWARD, Justice:

On June 3, 1998, Michael Lee Taub pled guilty to a first offense of trafficking in cocaine in an amount less than 28 grams. Over the State's objection, the trial court imposed a sentence of five years, suspended upon five years probation, and a fine of five thousand dollars. The trial court ordered that probation could be terminated upon payment of the fine. The State appeals, arguing the trial court had no authority to deviate below the minimum sentence...

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