DocketNumber: 26719
Citation Numbers: 683 S.E.2d 280, 384 S.C. 525
Judges: Beatty, Kittredge, Pleicones, Toal, Waller
Filed Date: 9/14/2009
Status: Precedential
Modified Date: 10/19/2024
I concur in Justice Kittredge’s decision to reverse the grant of post-conviction relief to respondent as I continue to believe that State v. Benjamin, 353 S.C. 441, 579 S.E.2d 289 (2003) was correctly decided and should apply to persons such as respondent who received an LWOP sentence pursuant to S.C.Code Ann. § 17-25 — 15 prior to the amendment of § 17-25 — 15(F), effective July 1, 2006. Further, I concur in his analysis of the impact of the 2006 amendment on the interplay between § 17-25-15 and S.C.Code Ann. § 17-25-50 on cases arising after the effective date of that amendment.