State v. Jacobs, 393 S.C. 584

Appellant Abel Jacobs pled guilty in January 2010 to first degree burglary among other charges, with the circuit court deferring sentencing on that burglary at the plea hearing.
Defense urged suspension of the minimum fifteen-year sentence in favor of probation, citing practice of suspending such sentences in other cases.
The circuit court later ruled that a sentence for first degree burglary is not suspendable under S.C. Code § 24-21-410.
At sentencing, the court imposed fifteen years for first degree burglary and concurrent sentences on other charges, crediting time served prior to the guilty plea.
Jacobs appealed, challenging whether the sentence for first degree burglary can be suspended under § 24-21-410.
The Supreme Court of South Carolina affirmed the circuit court, holding that such sentences may not be suspended because first degree burglary is punishable by life imprisonment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can a first degree burglary sentence be suspended under § 24-21-410?	Jacobs: suspendable because statute allows suspension unless death or life imprisonment; burglary not expressly barred.	State: burglary falls within exception for life imprisonment; not suspendable.	Suspension not authorized for crimes punishable by life imprisonment.

Hodges v. Rainey, 341 S.C. 79, 533 S.E.2d 578 (2000) (statutory interpretation favors plain meaning)
Grazia v. S.C. State Plastering, LLC, 390 S.C. 562, 703 S.E.2d 197 (2010) (plain meaning governs statutory construction)
State v. Mills, 360 S.C. 621, 602 S.E.2d 750 (2004) (penal statutes construed strictly against state)
State v. Blackmon, 304 S.C. 270, 403 S.E.2d 660 (1991) (strict construction of penal statutes)
State v. Thomas, 372 S.C. 466, 642 S.E.2d 724 (2007) (absence of express prohibition on suspension implies suspension may be available)