State v. Gordon , 356 S.C. 143 ( 2003 )

Justice BURNETT

(concurring in part; dissenting in part).

I agree Gordon has suffered no double jeopardy violation. However, I disagree with the majority’s conclusion that South Carolina Code Ann. § 17-25-45 (2003) must be read in conjunction with South Carolina Code Ann. § 17-25-50 (2003).

As fully explained by this Court a few months ago, the language of § 17-25-45, specifically the introductory phrase “ [n] otwithstanding any other provision of law,” demonstrates the General Assembly unequivocally intended the statute to be read independently of other provisions, including § 17-25-50. State v. Benjamin, 353 S.C. 441, 579 S.E.2d 289 (2003). The Court considered and rejected the very same arguments presented by Gordon today.

Further, the principle of stare decisis compels the majority follow State v. Benjamin, id. “Stare decisis exists to ‘insure a quality of justice which results from certainty and stability.’ ” State v. One Coin-Operated Video Game Mach., 321 S.C. 176, 181, 467 S.E.2d 443, 446 (1996) (internal citations omitted). Prosecutors, those charged with crimes, and the general public alike benefit from the predictability associated with the Court’s decisions. Ultimately, no one benefits when the Court issues opinions which diverge from month to month. Accordingly, even when a judge dislikes the result, stare decisis behoves him to follow precedent. See State v. Hudgins, 319 S.C. 233, 460 S.E.2d 388 (1995) (wherein Chief Justice Finney concurred with majority’s holding with which he did not agree as he recognized stare decisis bound him to the result). Moreover, adhering to stare decisis where we have previously interpreted a statute does not result in rigid application of the law as the General Assembly may correct any misinterpretation on our part. State v. One Coin-Operated Video Game Mach., supra.

In my opinion, State v. Benjamin, supra, is dispositive. I would affirm Gordon’s LWOP sentence.