State v. Walker

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.

Johnnie W.
Walker, Appellant.

Appeal From Aiken County

 Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2011-UP-455

Submitted October 1, 2011 – Filed October
11, 2011   

AFFIRMED

Appellate Defender Tricia A. Blanchette,
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 William M. Blitch, Jr., all of
Columbia; and Solicitor J. Strom Thurmond, Jr., of Aiken, for Respondent.

PER CURIAM:  Johnnie
W. Walker appeals his sentence for kidnapping, arguing the circuit court abused
its discretion in denying his motion for reconsideration.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Smith,
276 S.C. 494, 498, 280 S.E.2d 200, 202 (1981) (holding the circuit
court's ruling on a motion for reconsideration will not be disturbed on appeal
absent an abuse of discretion);  State v. Follin, 352 S.C. 235, 257, 573
S.E.2d 812, 824 (Ct. App. 2002) ("[W]hen the record clearly reflects an
appropriate basis for a disparate sentence, the [circuit court] may impose a
different sentence on a co-defendant in a criminal trial."); Brooks v.
State, 325 S.C. 269, 271-72, 481 S.E.2d 712, 713 (1997) ("A [circuit
court] is allowed broad discretion in sentencing within statutory limits. A
sentence is not excessive if it is within statutory limitations and there are
no facts supporting an allegation of prejudice against a defendant."
(citations omitted)); S.C. Code Ann. § 16-3-910 (2003) ("Whoever shall
unlawfully seize, confine, inveigle, decoy, kidnap, abduct or carry away any
other person by any means whatsoever without authority of law . . . is guilty
of a felony and, upon conviction, must be imprisoned for a period not to exceed
thirty years . . . .").

AFFIRMED.

SHORT,
WILLIAMS, and GEATHERS, JJ., concur.

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