State v. Walker

Full title: The State, Respondent, v. Johnnie W. Walker, Appellant.

Court: THE STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Oct 11, 2011

Unpublished Opinion No. 2011-UP-455 (S.C. Ct. App. Oct. 11, 2011)

Opinion

Unpublished Opinion No. 2011-UP-455

10-11-2011

The State, Respondent, v. Johnnie W. Walker, Appellant.

Appellate Defender Tricia A. Blanchette, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William M. Blitch, Jr., all of Columbia; and Solicitor J. Strom Thurmond, Jr., of Aiken, for Respondent.

PER CURIAM

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Appeal From Aiken County

Doyet A. Early, III, Circuit Court Judge

AFFIRMED

Appellate Defender Tricia A. Blanchette, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William M. Blitch, Jr., all of Columbia; and Solicitor J. Strom Thurmond, Jr., of Aiken, for Respondent.

PER CURIAM : Johnnie W. Walker appeals his sentence for kidnapping, arguing the circuit court abused its discretion in denying his motion for reconsideration. We affirm¹ pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Smith, 276 S.C. 494, 498, 280 S.E.2d 200, 202 (1981) (holding the circuit court's ruling on a motion for reconsideration will not be disturbed on appeal absent an abuse of discretion); State v. Follin, 352 S.C. 235, 257, 573 S.E.2d 812, 824 (Ct. App. 2002) ("[W]hen the record clearly reflects an appropriate basis for a disparate sentence, the [circuit court] may impose a different sentence on a co-defendant in a criminal trial."); Brooks v. State, 325 S.C. 269, 271-72, 481 S.E.2d 712, 713 (1997) ("A [circuit court] is allowed broad discretion in sentencing within statutory limits. A sentence is not excessive if it is within statutory limitations and there are no facts supporting an allegation of prejudice against a defendant." (citations omitted)); S.C. Code Ann. § 16-3-910 (2003) ("Whoever shall unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any other person by any means whatsoever without authority of law . . . is guilty of a felony and, upon conviction, must be imprisoned for a period not to exceed thirty years . . . .").

1 We decide this case without oral argument pursuant to Rule 215, SCACR.

AFFIRMED.

SHORT, WILLIAMS, and GEATHERS, JJ., concur.