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Home / Opinion Digests / Criminal Practice / Criminal Practice –  Sentencing – South Carolina Conviction – Second-Degree Burglary – Different Elements (access required)

Criminal Practice –  Sentencing – South Carolina Conviction – Second-Degree Burglary – Different Elements (access required)

  Even though defendant stipulated that his South Carolina second-degree burglary conviction was substantially similar to the North Carolina offense of second-degree burglary, the trial court should have undertaken a comparison of the two offenses itself. After doing so, we conclude the offenses are not substantially similar, and defendant should have been sentenced at a lower ...

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