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· 6/21/2023

State v. Jon Smart

Syllabus

Today we address whether a juvenile sentenced to life in prison bears any burden of proof or persuasion when seeking resentencing under Aiken v. Byars, 410 S.C. 534, 765 S.E.2d 572 (2014). We hold there is no such burden--on either party--and the resentencing court did not impose such a burden. We affirm the decision of the resentencing court imposing a life sentence.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.