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2011-UP-455 - State v. Walker

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.

Johnnie W. Walker, Appellant.


Appeal From Aiken County
 Doyet A. Early, III, Circuit Court Judge


Unpublished Opinion No. 2011-UP-455
Submitted October 1, 2011 – Filed October 11, 2011   


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 affirm[1] 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 . . . .").

AFFIRMED.

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


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