State v. Kelly

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.

Sheldon Lamar Kelly, Appellant.

Appellate Case No. 2014-000918

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

Unpublished Opinion No. 2015-UP-372
Submitted July 1, 2015 – Filed July 29, 2015

AFFIRMED

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.1

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

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