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2010-UP-405 - State v. Gonzalez

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.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Reynaldo Gonzalez, Appellant.


Appeal From Anderson County
J. C. Buddy Nicholson, Jr., Circuit Court Judge


Unpublished Opinion No. 2010-UP-405  
Submitted September 1, 2010 – Filed September 16, 2010


AFFIRMED


Appellate Defender LaNelle C. DuRant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Columbia; and Solicitor Christina Theos Adams, of Anderson, for Respondent.

PER CURIAM:  Reynaldo Gonzalez appeals his aggregate sixteen-and-a-half-year sentence for trafficking methamphetamine, conspiracy to traffic methamphetamine, and possession of crack-cocaine, arguing the trial court erred in sentencing him to more than fifteen years' imprisonment when the State retracted a plea offer for fifteen years' imprisonment before completely complying with his discovery requests.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  In re M.B.H., 387 S.C. 323, 326, 692 S.E.2d 541, 542 (2010) (stating the trial court has broad discretion in sentencing within statutory limits and a sentence will not be overturned absent an abuse of discretion when the ruling is based on an error of law or factual conclusion lacking evidentiary support);  S.C. Code Ann. § 44-53-375(C)(2)(a) (Supp. 2009) (mandating a sentence between seven and twenty-five years' imprisonment for trafficking between twenty-eight and one hundred grams of methamphetamine).

AFFIRMED.

FEW, C.J., HUFF and GEATHERS, JJ., concur. 


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