767 S.E.2d 707
S.C.2015Background
- Respondent Alonzo Hawes killed his estranged wife without provocation in the presence of their children.
- Hawes pled guilty to voluntary manslaughter and received a 22-year prison term.
- Hawes sought early parole eligibility under S.C. Code § 16-25-90; the trial court granted it.
- The trial court applied an older version of § 16-25-90 and concluded it was compelled to grant eligibility.
- The court of appeals affirmed the trial court, and the State sought certiorari review.
- The Court vacated the court of appeals’ decision and remanded for reconsideration under the correct statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court abuse its discretion by misapplying § 16-25-90? | State argues the trial court failed to exercise discretion due to the wrong statute. | Hawes contends discretion was exercised; language issue did not bar discretion. | Yes, legal error; remand for reconsideration under the proper statute. |
| Should the case be remanded for reconsideration under the correct version of § 16-25-90? | State seeks remand to apply the correct statute. | Hawes argues remand unnecessary if discretion was exercised. | Remanded; subordinate issues preserved. |
Key Cases Cited
- State v. Blackwell-Selim, 392 S.C. 1 (2011) (abuse of discretion standard in appellate review of trial court rulings)
- State v. Black, 400 S.C. 10 (2012) (abuse of discretion when trial court's ruling lacks evidentiary support)
- State v. Jennings, 394 S.C. 473 (2011) (definition of abuse of discretion in criminal cases)