State v. Collins

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.

Octavious O.
Collins, Appellant.

Appeal From Georgetown County

Benjamin H. Culbertson, Circuit Court
Judge

Unpublished Opinion No. 2012-UP-176  

Submitted March 1, 2012 – Filed March 14,
2012

AFFIRMED

Appellate Defender Elizabeth Franklin-Best,
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 Christina J. Catoe, all of Columbia;
and Solicitor John Gregory Hembree, of Conway, for Respondent.

PER CURIAM: Octavious
O. Collins appeals his sentence of twenty years' imprisonment for distribution
of cocaine base, third offense, arguing the trial court abused its discretion
in light of Collins's age, the small amount of cocaine at issue, and because
Collins has never spent any substantial time in prison.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: Brooks v. State,
325 S.C. 269, 271-72, 481 S.E.2d 712, 713 (1997) ("A trial [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)).

AFFIRMED.

PIEPER,
KONDUROS, and GEATHERS, JJ., concur.

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