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STATE v. DONAHUE

No. 5052.

400 S.C. 604 (2012)

735 S.E.2d 547

The STATE, Respondent, v. Michael DONAHUE, Appellant.

Court of Appeals of South Carolina.

Decided November 21, 2012.

Rehearing Denied December 13, 2012.

Attorney(s) appearing for the Case

Deputy Chief Appellate Defender Wanda H. Carter and Appellate Defender Tristan M. Shaffer , both of Columbia, for Appellant.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Salley W. Elliott , and Assistant Attorney General William M. Blitch, Jr. , all of Columbia; and Solicitor Douglas A. Barfield, Jr. , of Lancaster, for Respondent.

FEW, C.J.

Michael Donahue pled guilty to burglary in the third degree. He appeals his sentence, arguing the circuit court erred in treating him as a second offender based on his previous burglary conviction in Georgia. We affirm.

Burglary in the third degree is defined in section 16-11-313 of the South Carolina Code (2003). Subsection 16-11-313(B) provides: "Burglary in the third degree is a felony punishable by imprisonment...

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