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2007-UP-525 - State v. Perry

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals


The State, Respondent,

v.

Donald Ray Perry, Appellant.


Appeal From Richland County
 James W. Johnson, Jr., Circuit Court Judge


Unpublished Op. No. 2007-UP-525
Submitted November 1, 2007 – Filed November 13, 2007


AFFIRMED


Chief Attorney Joseph L. Savitz, III, of Columbia; for Appellant

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Julie M. Thames, all of Columbia; for Respondent.

PER CURIAM:  Donald Ray Perry appeals his sentence for voluntary manslaughter, arguing it was constitutionally disproportionate.  We affirm Perry’s sentence pursuant to Rule 220(b)(2), SCACR, and the following authorities:  State v. Johnston, 333 S.C. 459, 462, 510 S.E.2d 423, 425 (1999) (“[T]his Court has consistently held that a challenge to sentencing must be raised at trial, or the issue will not be preserved for appellate review.”); State v. Conally, 227 S.C. 507, 510, 88 S.E.2d 591, 593 (1955) (“This Court has no jurisdiction to disturb, because of alleged excessiveness, a sentence which is within the limits prescribed by statute, unless:  (a) the statute itself violates the constitutional injunction, [S.C. Const. art. I, § 15], against cruel and unusual punishment, or (b) the sentence is the result of partiality, prejudice, oppression, or corrupt motive.”); State v. Kimbrough, 212 S.C. 348, 357, 46 S.E.2d 273, 277 (1948) (“[O]nly under rare and unusual circumstances will [an appellate court] interfere with the discretion of the trial judge in the imposition of a sentence.”).[1]

AFFIRMED.

HEARN, C.J., KITTREDGE and THOMAS, JJ., concur.


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