State v. Field

Summary

The South Carolina Supreme Court affirmed the judgment in a securities-fraud case involving credit against a sentence for pretrial jail time and time spent under house arrest. The court declined to reach the merits because the State failed to preserve its challenge to the sentencing court’s credit determination, having taken a different position at sentencing and on reconsideration.

Holdings

1. The State failed to preserve its argument that the sentencing court erred by awarding Field credit for the disputed period, because it did not clearly present that error to the sentencing court at sentencing or on reconsideration.

Questions Presented

1. Whether the State preserved for appellate review its argument that the sentencing court lacked authority to award credit for approximately ten months of time spent outside jail while Field was subject to electronic monitoring.
2. Whether the sentencing court had authority under South Carolina Code section 24-13-40 to award credit for the disputed period of pretrial house arrest or electronic monitoring.

Disposition

affirmed