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State v. Johnson1/2/2001
ssue before us. In Clifton, the appellant was convicted of possession of cocaine and possession with intent to distribute crack cocaine. 302 S.C. at 432, 396 S.E.2d at 832. For the distribution charge, the trial court sentenced appellant to fifteen years imprisonment, as required by statute, even though the court indicated it would not have done so had S.C. Code Ann. § 44-53-375 (Supp. 1989), not disallowed a suspended sentence. Clifton, 302 S.C. at 436, 396 S.E.2d at 834. Although appellant argued the statute was ambiguous, this court found to the contrary. Id. Citing subsection (C), which contained language identical to that of our current subsection (D), this court found the trial court correctly interpreted the statute to proscribe the suspension of any sentence except for a first offense when the amount is less than one gram. Clifton, 302 S.C. at 436, 396 S.E.2d at 834. Our understanding of this case leads us to conclude that section 44-53-375(D) disallows a split sentence as the court imposed here.
Accordingly, we reverse the trial court and remand for re-sentencing consistent with this opinion.
REVERSED AND REMANDED.
HEARN, C.J., ANDERSON and STILWELL, JJ., concur.
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