State v. Boone

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.

James Wesley
Boone, Appellant.

Appeal From Sumter County

George C. James, Jr., Circuit Court Judge

Unpublished Opinion No.  2011-UP-399

Submitted August 15, 2011 – Filed August
22, 2011

AFFIRMED

Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for
Appellant.

Attorney General Alan M. 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 Ernest A.
Finney, III, of Sumter, for Respondent.

PER CURIAM:  James Wesley Boone appeals his sentence
for armed robbery, arguing fourteen years' imprisonment was an abuse of
discretion of the circuit court and cruel and unusual punishment.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Roddy v.
State, 339 S.C. 29, 36, 528 S.E.2d 418, 422 (2000) ("[W]here the
[circuit court] satisfies the requirements of Boykin [v. Alabama, 395
U.S. 238 (1969)], [it] is not further required to tell a defendant the [circuit]
court is not bound by a negotiated plea agreement."); Brooks v State,
325 S.C. 269, 272, 481 S.E.2d 712, 713 (1997) ("A sentence is not
excessive if it is within statutory limitations and there are no facts
supporting an allegation of prejudice against defendant.").

AFFIRMED.

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

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