State v. Moore

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.

John Joseph
Moore, Appellant.

Appeal From Richland County

William P. Keesley, Circuit Court Judge

Unpublished Opinion No.  2010-UP-409

Submitted September 1, 2010 – Filed
September 16, 2010

REVERSED

Senior Appellate Defender 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, Senior Assistant Attorney General Norman
Mark Rapoport, and Solicitor Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM:  John
Joseph Moore was convicted of voluntary manslaughter, possession of a pistol by a person under the age of twenty-one, and use of a firearm during commission of a violent
crime.  On appeal, Moore argues the trial court erred in declining to dismiss
the charge of possession of a pistol by a person under the age of twenty-one
because section 16-23-30(A)(3) of the
South Carolina Code (2007) was found unconstitutional.  We reverse[1] Moore's possession of a pistol conviction pursuant to
Rule 220(b)(1), SCACR, and the following authority: State v. Bolin,
378 S.C. 96, 100, 662 S.E.2d 38, 40 (2008) (finding section 16-23-30(A)(3)
unconstitutional because it violates the plain language of article XVII, section
14, of the South Carolina Constitution). 

REVERSED.

SHORT, THOMAS, and
LOCKEMY, JJ., concur.

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