State v. Moon

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.

Jeremy Richard Moon, Appellant.

Appeal From York County

 L. Casey Manning, Circuit Court Judge

Unpublished Opinion No. 2007-UP-283

Submitted June 1, 2007 – Filed June 6,
2007  

APPEAL DISMISSED

Assistant Appellant Defender Aileen P. Clare, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,  of
Columbia; Solicitor Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: 
Jeremy Moon appeals his conviction and sentence for voluntary manslaughter.  Moon
pleaded guilty to voluntary manslaughter for striking the victim in the head
with a baseball bat.  The trial court sentenced him to thirty years
imprisonment.  On appeal, Moon argues this sentence is unconstitutionally
disproportionate.  We disagree.  Thirty years imprisonment is within the
statutory range for voluntary manslaughter and does not run afoul of the
constitutional prohibition against cruel and unusual punishment.  State v.
Kimbrough, 212 S.C. 348, 46 S.E.2d 273 (1948) (“The weight of authority is
to the effect that if the statute fixing the punishment for an offense is not
unconstitutional, a sentence within the limits prescribed by such statute will
not be regarded as cruel and unusual.”).  After a thorough review of the record
and briefs, pursuant to Anders v. California, 386 U.S. 738 (1967), and State
v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and
grant counsel’s petition to be relieved.          

APPEAL DISMISSED.

HEARN, C.J., KITTREDGE,
J., and CURETON, A.J., concur.