State v. Jones
543 S.E.2d 541, 344 S.C. 48, 2001 S.C. LEXIS 41 (2001)
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Rule of Law:
An armed robbery involving the taking of property from multiple victims at the same time and place constitutes a separate offense for each victim because the gravamen of robbery is the violence or threat of violence against each individual person, distinguishing it from larceny which is an offense against property.
Facts:
- On June 29, 1997, Dwayne Wright, Theodore Wheeler, and Ricardo Wheeler were together when they were confronted by an assailant.
- The assailant, later identified as Jones, robbed all three victims at gunpoint.
- Jones held the gun to the head or side of both Ricardo Wheeler and Theodore Wheeler and threatened to shoot Theodore.
- During the robbery, Jones fired the gun once when the victims were moving too slowly.
- Prior to this incident, Jones had a 1996 conviction for assault and battery with intent to kill, which is classified as a 'most serious' offense under South Carolina law.
Procedural Posture:
- The State of South Carolina charged Jones with three separate counts of armed robbery, one for each victim, along with other offenses.
- Following a trial in the court of first instance, a jury convicted Jones of all three armed robbery counts and possession of a firearm during the commission of a violent crime.
- Based on his prior 'most serious' offense, the trial court sentenced Jones to life imprisonment without parole pursuant to South Carolina's 'Two-Strikes' law.
- Jones (appellant) appealed his convictions and sentence directly to the Supreme Court of South Carolina.
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Issue:
Does the armed robbery of multiple victims at the same time and place constitute a single criminal offense, or may it be charged as a separate offense for each victim?
Opinions:
Majority - Justice Waller
No, the armed robbery of multiple victims at the same time and place does not constitute a single offense and may be charged separately for each victim. The court reasoned that unlike larceny, which is an offense against property and subject to the 'single larceny rule,' armed robbery is fundamentally a crime of violence against the person. The gist of armed robbery is not the taking of property but the use of force or fear against an individual. Citing persuasive authority from other jurisdictions, the court concluded that when there is a threat of bodily injury to each person from whom property is stolen, there are as many offenses as there are individuals affected. Therefore, Jones was properly charged with three distinct counts of armed robbery. The court also upheld Jones's life sentence under the 'Two-Strikes' law, rejecting his constitutional challenges related to separation of powers, cruel and unusual punishment, equal protection, and ex post facto violations, finding the sentence proportional to the gravity of the offenses.
Analysis:
This decision formally distinguishes the treatment of armed robbery from larceny regarding the unit of prosecution in South Carolina. By rejecting the 'single larceny rule' for violent crimes, the court established a precedent that the number of offenses in a robbery is determined by the number of victims subjected to force or intimidation. This significantly increases prosecutorial discretion and the potential severity of sentences for defendants who rob multiple people in a single encounter. The ruling solidifies the legal principle that crimes against the person are analyzed per-victim, not per-transaction, impacting how violent crimes are charged and punished in the state.
