Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2010-UP-409 - State v. Moore

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.

John Joseph Moore, Appellant.


Appeal From Richland County
William P. Keesley, Circuit Court Judge


Unpublished Opinion No.  2010-UP-409
Submitted September 1, 2010 – Filed September 16, 2010


REVERSED


Senior Appellate Defender 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, Senior Assistant Attorney General Norman Mark Rapoport, and Solicitor Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM:  John Joseph Moore was convicted of voluntary manslaughter, possession of a pistol by a person under the age of twenty-one, and use of a firearm during commission of a violent crime.  On appeal, Moore argues the trial court erred in declining to dismiss the charge of possession of a pistol by a person under the age of twenty-one because section 16-23-30(A)(3) of the South Carolina Code (2007) was found unconstitutional.  We reverse[1] Moore's possession of a pistol conviction pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. Bolin, 378 S.C. 96, 100, 662 S.E.2d 38, 40 (2008) (finding section 16-23-30(A)(3) unconstitutional because it violates the plain language of article XVII, section 14, of the South Carolina Constitution). 

REVERSED.

SHORT, THOMAS, and LOCKEMY, JJ., concur.


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