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STATE v. CHERRY

No. 25902.

361 S.C. 588 (2004)

606 S.E.2d 475

The STATE, Respondent, v. Yukoto Eugene CHERRY, Petitioner.

Supreme Court of South Carolina.

Decided November 29, 2004.

Rehearing Denied January 6, 2005.

Attorney(s) appearing for the Case

Chief Attorney Daniel T. Stacey, of S.C. Office of Appellate Defense, of Columbia; and Jeanne Allison Pearson, of Kennedy Covington Lobdell & Hickman, LLP, and Thomas F. McDow, both of Rock Hill, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General Deborah R.J. Shupe, all of Columbia, and Solicitor Thomas E. Pope, of York, for Respondent.

Justice WALLER:

We granted a writ of certiorari to review the Court of Appeals' opinion in State v. Cherry, 348 S.C. 281, 559 S.E.2d 297 (Ct.App.2001). We affirm in result.

FACTS

Cherry was convicted of possession of crack cocaine with intent to distribute (PWID crack) and sentenced to five years and a twenty-five thousand dollar fine.1 The state...

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