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2011-UP-399 - State v. Boone

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.

James Wesley Boone, Appellant.


Appeal From Sumter County
George C. James, Jr., Circuit Court Judge


Unpublished Opinion No.  2011-UP-399
Submitted August 15, 2011 – Filed August 22, 2011


AFFIRMED


Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for Appellant.

Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia; and Solicitor Ernest A. Finney, III, of Sumter, for Respondent.

PER CURIAM:  James Wesley Boone appeals his sentence for armed robbery, arguing fourteen years' imprisonment was an abuse of discretion of the circuit court and cruel and unusual punishment.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Roddy v. State, 339 S.C. 29, 36, 528 S.E.2d 418, 422 (2000) ("[W]here the [circuit court] satisfies the requirements of Boykin [v. Alabama, 395 U.S. 238 (1969)], [it] is not further required to tell a defendant the [circuit] court is not bound by a negotiated plea agreement."); Brooks v State, 325 S.C. 269, 272, 481 S.E.2d 712, 713 (1997) ("A sentence is not excessive if it is within statutory limitations and there are no facts supporting an allegation of prejudice against defendant.").

AFFIRMED.

FEW, C.J., THOMAS and KONDUROS, JJ., concur.


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