State v. Dawson
402 S.C. 160
S.C.2013Background
- Dawson pled guilty to breach of trust with fraudulent intent ($1,000–$5,000).
- She was sentenced under the Youthful Offender Act to a term not exceeding six years, suspended on five years’ probation and restitution.
- The Act amended penalties for breach of trust and became effective June 2, 2010, after Dawson’s crime but before sentencing.
- Dawson moved to be sentenced under the Act, arguing the amendment should apply since it took effect before sentencing.
- The circuit court denied the motion; the issue was preserved for appellate review.
- Court held the Act’s savings provisions apply prospectively and Dawson’s prosecution arose under the pre-amendment statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Act applies to prosecutions under amended laws. | Dawson argued the Act should apply since it took effect before sentencing. | State argued the savings clause preserves penalties under the amended or repealed law and does not apply to pre-amendment prosecutions. | Denied; Act does not apply to prosecutions arising under the amended laws. |
Key Cases Cited
- State v. Varner, 310 S.C. 264 (1992) (controls when a new penalty applies absent a controlling statute)
- State v. Gay, 343 S.C. 543 (2001) (legislature may set prospective penalties when crimes occurred before amendment)
- State v. Dickey, 380 S.C. 384 (Ct.App.2008) (savings clause and pending actions guide application of amended laws)
- Pittman, 373 S.C. 527 (2007) (plain language governs statutory interpretation when unambiguous)