STATE v. BUTLER

No. 3258.

343 S.C. 198 (2000)

539 S.E.2d 414

The STATE, Respondent, v. Brett Loring BUTLER, Appellant.

Court of Appeals of South Carolina.

Decided November 13, 2000.


Attorney(s) appearing for the Case

T. Kirk Truslow, of North Myrtle Beach, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Attorney General Charles H. Richardson, all of Columbia; and Solicitor John Gregory Hembree, of Conway, for respondent.


GOOLSBY, Judge:

A grand jury indicted Brett Loring Butler for possession of cocaine with intent to distribute. A jury convicted him of the lesser included offense of possession of cocaine. Before sentencing, the trial judge ordered Butler to submit to a drug test. When the test returned positive for marijuana, the judge revoked five years of Butler's suspended sentence on a prior conviction and sentenced him to four years...

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