State v. Perry

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT
BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE
239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Donald Ray
Perry, Appellant.

Appeal From Richland County

 James W. Johnson, Jr., Circuit Court
Judge

Unpublished Op. No. 2007-UP-525

Submitted November 1, 2007 – Filed
November 13, 2007

AFFIRMED

Chief Attorney Joseph L. Savitz, III, of Columbia; for Appellant

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant
Attorney General Julie M. Thames, all of Columbia; for Respondent.

PER CURIAM:  Donald Ray Perry appeals his
sentence for voluntary manslaughter, arguing it was constitutionally
disproportionate.  We affirm Perry’s sentence pursuant to Rule 220(b)(2),
SCACR, and the following authorities:  State v. Johnston, 333 S.C. 459,
462, 510 S.E.2d 423, 425 (1999) (“[T]his Court has consistently held that a
challenge to sentencing must be raised at trial, or the issue will not be
preserved for appellate review.”); State v. Conally, 227 S.C. 507, 510, 88
S.E.2d 591, 593 (1955) (“This Court has no jurisdiction to disturb, because
of alleged excessiveness, a sentence which is within the limits prescribed by
statute, unless:  (a) the statute itself violates the constitutional
injunction, [S.C. Const. art. I, § 15], against cruel and unusual
punishment, or (b) the sentence is the result of partiality, prejudice,
oppression, or corrupt motive.”); State v. Kimbrough, 212 S.C. 348, 357,
46 S.E.2d 273, 277 (1948) (“[O]nly under rare and unusual circumstances will
[an appellate court] interfere with the discretion of the trial judge in the
imposition of a sentence.”).[1]

AFFIRMED.

HEARN,
C.J., KITTREDGE and THOMAS, JJ., concur.

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