Can I appeal a sentence that is within the statutory range?

Yes, it is possible to appeal a sentence that is within the statutory range in South Carolina. In South Carolina, criminal defendants have the right to appeal convictions and sentences. Generally, a defendant may appeal any ruling or sentence in a criminal court to the South Carolina Court of Appeals. The defendant may challenge the sufficiency of the evidence, an alleged violation of constitutional rights, or any other legal issue associated with the case. Appeals are brought on the grounds that the trial court erred in its judgment or sentencing. This means that the defendant must be able to demonstrate that the trial court judge misinterpreted or misapplied the law. A sentence that is within the statutory range may still be considered to be in error if the trial court failed to consider the defendant’s mitigating circumstances or a legal defense. If the defendant is successful on appeal, the matter will be remanded to the trial court for a new sentencing hearing. The trial court judge may then opt to sentence the defendant to a lesser sentence within the statutory range, or to an alternative sentence that is within the court’s jurisdiction. Additionally, the appellate court may set aside the sentence and remand the case for a new trial if it finds that errors in the proceedings denied the defendant a fair trial.

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Can I appeal a sentence that is within the statutory range?

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