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State v. Kelly

Court of Appeals of South Carolina
Jul 29, 2015
2015-UP-372 (S.C. Ct. App. Jul. 29, 2015)

Opinion

2015-UP-372

07-29-2015

The State, Respondent, v. Sheldon Lamar Kelly, Appellant. Appellate Case No. 2014-000918

Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.


UNPUBLISHED OPINION

Submitted July 1, 2015

Appeal From Charleston County Roger M. Young, Sr., Circuit Court Judge

Appellate Defender David Alexander, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM

Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Jacobs, 393 S.C. 584, 586, 713 S.E.2d 621, 622 (2011) ("In criminal cases, the appellate court sits to review errors of law only. A sentence will not be overturned absent an abuse of discretion when the ruling is based on an error of law . . . ." (internal citation and quotation marks omitted)); S.C. Code Ann. § 17-25-45(A)(1)(a) (2014) (providing except where the death penalty is imposed, "upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has . . . one or more prior convictions for . . . a most serious offense"); S.C. Code Ann. § 17-25-45(C)(1) (2014) (classifying voluntary manslaughter and kidnapping as "most serious" offenses); State v. Standard, 351 S.C. 199, 206, 569 S.E.2d 325, 329 (2002) ("[A]n enhanced sentence based upon a prior most serious conviction for a crime which was committed as a juvenile does not offend evolving standards of decency so as to constitute cruel and unusual punishment." (emphasis omitted)).

AFFIRMED.

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

THOMAS, KONDUROS, and GEATHERS, JJ., concur.


Summaries of

State v. Kelly

Court of Appeals of South Carolina
Jul 29, 2015
2015-UP-372 (S.C. Ct. App. Jul. 29, 2015)
Case details for

State v. Kelly

Case Details

Full title:The State, Respondent, v. Sheldon Lamar Kelly, Appellant. Appellate Case…

Court:Court of Appeals of South Carolina

Date published: Jul 29, 2015

Citations

2015-UP-372 (S.C. Ct. App. Jul. 29, 2015)