State v. Cohen

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.

Tyquan Cohen, Appellant.

Appeal From Aiken County

R. Ferrell Cothran, Jr., Circuit Court
Judge

Unpublished Opinion No.   2011-UP-477

Submitted October 1, 2011 – Filed October
26, 2011

AFFIRMED

Appellate Defender Robert M. Pachak, 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 Mark R. Farthing, all of Columbia; and
Solicitor J. Strom Thurmond, Jr., of Aiken, for Respondent.

PER CURIAM:  Tyquan Cohen appeals his sentence of
fifteen years' imprisonment for first-degree burglary, arguing the circuit
court erred in ruling it did not have the statutory authority to suspend any
portion of the sentence.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and
the following authority:  State v. Jacobs, Op. No. 27015 (S.C. Sup. Ct.
filed July 25, 2011) (Shearhouse Adv. Sh. No. 25 at 18) ("[S]ection 24-21-410
of the South Carolina [C]ode does not give courts the authority to suspend
sentences for crimes punishable by death or life imprisonment, and this
includes crimes that include lesser sentences than death or life
imprisonment.").

AFFIRMED.

FEW, C.J.,
THOMAS and KONDUROS, JJ., concur.

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