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2011-UP-477 - State v. Cohen

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.

Tyquan Cohen, Appellant.


Appeal From Aiken County
R. Ferrell Cothran, Jr., Circuit Court Judge


Unpublished Opinion No.   2011-UP-477
Submitted October 1, 2011 – Filed October 26, 2011


AFFIRMED


Appellate Defender Robert M. Pachak, 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 Mark R. Farthing, all of Columbia; and Solicitor J. Strom Thurmond, Jr., of Aiken, for Respondent.

PER CURIAM:  Tyquan Cohen appeals his sentence of fifteen years' imprisonment for first-degree burglary, arguing the circuit court erred in ruling it did not have the statutory authority to suspend any portion of the sentence.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Jacobs, Op. No. 27015 (S.C. Sup. Ct. filed July 25, 2011) (Shearhouse Adv. Sh. No. 25 at 18) ("[S]ection 24-21-410 of the South Carolina [C]ode does not give courts the authority to suspend sentences for crimes punishable by death or life imprisonment, and this includes crimes that include lesser sentences than death or life imprisonment.").

AFFIRMED.

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


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