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STATE v. THOMAS

No. 26281.

372 S.C. 466 (2007)

642 S.E.2d 724

The STATE, Respondent, v. Christopher THOMAS, Appellant.

Supreme Court of South Carolina.

Decided March 5, 2007.

Attorney(s) appearing for the Case

Appellate Defender Aileen P. Clare, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R.J. Shupe, all of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM.

Christopher Thomas (appellant) pled guilty to distribution of crack cocaine within a prohibited proximity of a school. Appellant was sentenced to the minimum term of ten years as provided by S.C.Code Ann. § 44-53-445 (2002). He now seeks a new sentencing hearing, claiming the circuit court judge erroneously declared that he had no power to suspend appellant's sentence because a minimum sentence was provided by statute. We reverse and remand.

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