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2012-UP-176 - State v. Collins

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.

Octavious O. Collins, Appellant.


Appeal From Georgetown County
Benjamin H. Culbertson, Circuit Court Judge


Unpublished Opinion No. 2012-UP-176  
Submitted March 1, 2012 – Filed March 14, 2012


AFFIRMED


Appellate Defender Elizabeth Franklin-Best, 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 Christina J. Catoe, all of Columbia; and Solicitor John Gregory Hembree, of Conway, for Respondent.

PER CURIAM: Octavious O. Collins appeals his sentence of twenty years' imprisonment for distribution of cocaine base, third offense, arguing the trial court abused its discretion in light of Collins's age, the small amount of cocaine at issue, and because Collins has never spent any substantial time in prison.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: Brooks v. State, 325 S.C. 269, 271-72, 481 S.E.2d 712, 713 (1997) ("A trial [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)).

AFFIRMED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.


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