STATE v. JOHNSON

No. 3376.

347 S.C. 67 (2001)

552 S.E.2d 339

The STATE, Appellant, v. Roy JOHNSON, Respondent.

Court of Appeals of South Carolina.

Decided August 6, 2001.

Rehearing Denied September 19, 2001.

Certiorari Denied March 6, 2002.


Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert E. Bogan, Senior Assistant Attorney General Norman Mark Rapoport; and Solicitor Warren B. Giese, all of Columbia, for appellant.

Deputy Chief Attorney Joseph L. Savitz, III, of SC Office of Appellate Defense, of Columbia, for respondent.


CONNOR, J.:

The State appeals the trial court's refusal to sentence Roy Johnson to life imprisonment without the possibility of parole pursuant to South Carolina Code section 17-25-45. We affirm.

FACTS

On September 1, 1999, a Richland County jury found Johnson guilty of armed robbery. Because Johnson had a prior armed robbery conviction resulting from a 1992 guilty plea, the State asked the trial court to...

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