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GASTER v. EVATT

No. 24587.

326 S.C. 33 (1997)

483 S.E.2d 197

Frank N. GASTER, Appellant, v. Parker EVATT, Commissioner, South Carolina Department of Corrections, and Michael Cavanaugh, Commissioner, South Carolina Department of Probation, Parole and Pardon Services, Respondents.

Supreme Court of South Carolina.

Decided March 10, 1997.

Attorney(s) appearing for the Case

James B. Richardson, Jr., of Svalina, Richardson & Larson, Columbia, for appellant.

L. Hunter Limbaugh, of Willcox, McLeod, Buyck & Williams, Florence, for respondent Evatt.

Carl N. Lundberg, Chief Legal Counsel, of South Carolina Department of Probation, Parole and Pardon Services, Columbia, for respondents Cavanaugh and South Carolina Department of Probation, Parole and Pardon Services.

FINNEY, Chief Judge.

This is a statutory construction case. The issue is whether appellant's 1988 conviction for a violation of S.C.Code Ann. § 16-3-655(3) (1986) is properly classified as a violent offense under S.C.Code Ann. § 16-1-60 (1986 and Supp.1996). The circuit court held that it was, and appellant has appealed. We affirm.

At the time appellant committed this offense and was convicted, § 16-1-60 read:

For purposes of definition...

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