State v. Smith

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.
George Arsenio Smith, Appellant.

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Appeal From Clarendon County
R. Ferrell Cothran Jr., Circuit Court Judge
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Unpublished Opinion No. 2012-UP-350
Submitted April 2, 2012 – Filed June 6, 2012
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AFFIRMED
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Appellate Defender Elizabeth A. Franklin-Best, of
Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Senior
Assistant Deputy Attorney General Salley W. Elliott,
and Senior Assistant Attorney General Harold M.
Coombs Jr., all of Columbia; and Solicitor Ernest A.
Finney III, of Sumter, for Respondent.

PER CURIAM: George Arsenio Smith appeals his twenty-year
sentence for a conviction of assault and battery with intent to kill, arguing the
sentence exceeded the maximum sentence allowed by law. We affirm1
pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code
Ann. § 16-3-620 (2003) ("The crime of assault and battery with intent to kill
shall . . . be punished by imprisonment not to exceed twenty years."); Rule
220(c), SCACR ("The appellate court may affirm any ruling, order, decision
or judgment upon any ground(s) appearing in the Record on Appeal."); Tant
v. S.C. Dep't of Corr., 395 S.C. 446, 449, 718 S.E.2d 753, 755 (Ct. App.
2011) ("Under ordinary circumstances, [the Department of Corrections] must
determine the sentence imposed by the [circuit] court from the sentencing
sheets.").

AFFIRMED.

FEW, C.J., HUFF and SHORT, JJ., concur.

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