State v. Whitesides
397 S.C. 313
S.C.2012Background
- Appellant Robert Whitesides was arrested in December 2007 during a marijuana trafficking investigation.
- Law enforcement recovered marijuana and a pistol from his car, marijuana and paraphernalia from his apartment, and approximately twenty pounds of marijuana plus a pistol from his safe.
- Whitesides pled guilty to two marijuana trafficking charges.
- A bench trial on the firearm possession charge resulted in a conviction for possession during the commission of a violent crime.
- Whitesides challenged the conviction on the basis that the State failed to prove a nexus between possession of the firearm and the underlying violent crime.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the crime require nexus between possession and the violent crime? | Whitesides argues a nexus is required for conviction. | State contends no nexus is needed to convict based on possession. | Nexus is required for conviction. |
| Was a nexus established in this case? | Whitesides asserts no sufficient nexus was shown. | State argues the record shows a nexus either through weapon use or possession for drug dealing. | Yes; the trial court's nexus finding was supported by evidence. |
Key Cases Cited
- State v. Ramsey, 311 S.C. 555 (1993) (statutory interpretation—intent of legislature governs meaning)
- Mid-State Auto Auction of Lexington, Inc. v. Altman, 324 S.C. 65 (1996) (statutory language read with subject matter and purpose)
- Town of Mt. Pleasant v. Roberts, 393 S.C. 332 (2011) (statutory interpretation harmonizes with subject matter)
- Arizona v. Petrak, 198 Ariz. 260 (2000) (nexus concept in firearm-during-crime statutes)
- Wright v. Virginia, 53 Va.App. 266 (2009) (nexus between possession and crime in similar statutes)
- Louisiana v. Blanchard, 776 So.2d 1165 (La.2001) (analysis of possession during violent crime statute)
- Collins v. Alaska, 977 P.2d 741 (1999) (concurring opinion on nexus concept)
- United States v. Ceballos-Torres, 218 F.3d 409 (5th Cir. 2000) (gun possession relation to crime in federal context)
- State v. Halyard, 274 S.C. 397 (1980) (definition of possession—actual or constructive)
- District of Columbia v. Heller, 554 U.S. 570 (2008) ( Second Amendment protections)
- McDonald v. Chicago, 561 U.S. 3025 (2010) (incorporation of Second Amendment rights)