State v. Phillips
393 S.C. 407
S.C. Ct. App.2011Background
- Phillips lived in a mobile home he rented; the home burned on September 14, 2007 after he left town.
- State sought LWOP based on Phillips’s 1979 burning conviction and 1985 Florida second-degree burglary.
- Trial court allowed LWOP; Phillips moved to disqualify the LWOP notice arguing it wasn’t a serious offense.
- Phillips argued the home ceased to be a dwelling after he left, affecting second-degree arson charge.
- Jury found Phillips guilty of second-degree arson; he was sentenced to LWOP based on prior convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Directed verdict on second-degree arson | Phillips contends no dwelling existed when he left. | State presented evidence the dwelling remained with intent to return. | Court affirmed denial of directed verdict; evidence supported jury submission. |
| LWOP based on prior convictions | 1979 burning conviction did not establish a serious offense for LWOP. | Two qualifying prior offenses required LWOP under §17-25-45. | LWOP reversed; State failed to prove 1979 conviction for a serious offense; remanded for resentencing. |
Key Cases Cited
- State v. Heath, 370 S.C. 326 (2006) (directed-verdict standard)
- State v. Weston, 367 S.C. 279 (2006) (evidence viewed in light favorable to State)
- State v. Gaster, 349 S.C. 545 (2002) (reversal standard for directed verdicts; evidence sufficiency)
- State v. Glenn, 297 S.C. 29 (1988) (dwelling status when leaving mobile home; intent to return)
- In re Terrence M., 317 S.C. 212 (Ct.App.1994) (arson statute restructuring; elements comparison for LWOP)
- State v. Johnson, 350 S.C. 543 (Ct.App.2002) (burden on State for convictions used in LWOP)
- State v. Washington, 338 S.C. 392 (2000) (element equivalence for archaic offenses)
- Terrence M. (In re Terrence M.), 317 S.C. 214 (Ct.App.1994) (restructuring of arson offenses; third-degree vs second-degree)