State v. Moore
Decision Date | 09 March 2022 |
Docket Number | 2022-UP-097,Appellate Case 2019-000454 |
Court | South Carolina Court of Appeals |
Parties | The State, Respondent, v. Brandon Keith Moore, Appellant. |
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.
Submitted February 1, 2022
Appeal From Abbeville County R. Scott Sprouse, Circuit Court Judge
E Charles Grose, Jr., of Grose Law Firm, of Greenwood, for Appellant.
Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia; and Solicitor David Matthew Stumbo, of Greenwood, all for Respondent.
Brandon Keith Moore appeals his sentence of three years' imprisonment following his conviction for possession of methamphetamine. On appeal, he argues the sentencing court erred by considering (1) his decision to proceed to trial and (2) his original charge of trafficking methamphetamine. We affirm.
1. We hold the sentencing court did not err because the sentence given was within statutory limits, and nothing in the record suggests the sentencing court considered Moore's decision to proceed to trial. First, Moore's sentence falls within the statutorily-prescribed sentencing limits. See Garrett v. State, 320 S.C. 353, 356, 465 S.E.2d 349, 350 (1995) (court "is allowed broad discretion in sentencing within statutory limits") a sentencing ; State v Barton, 325 S.C. 522, 531, 481 S.E.2d 439, 444 (Ct. App. 1997) (); S.C. Code Ann. § 44-53-375(A) (2018) ("A person possessing less than one gram of methamphetamine or cocaine base, as defined in Section 44-53-110, is guilty of a misdemeanor and, upon conviction for a first offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both."). Second, we could find nothing in the record to suggest the sentencing court considered Moore's decision to proceed to trial in imposing its sentence. See Castro v. State, 417 S.C. 77, 83, 789 S.E.2d 44, 47 (2016) ("When a trial [court] considers the fact that the defendant exercised his or her constitutional right to a jury trial as a factor in sentencing the defendant, it is an abuse of discretion."); cf. Davis v. State, 336 S.C. 329, 333, 520 S.E.2d 801, 803 (1999); (court improperly considered the petitioner's decision to proceed to a jury trial when it expressed its preference for guilty pleas and justified imposing a harsher sentence on the petitioner in comparison to similarly situated defendants by explaining the other defendants had pled guilty, whereas petitioner had not) the sentencing ; Castro, 417 S.C. at 81, 83, 789 S.E.2d at 46-47 ( ); State v. Hazel, 317 S.C. 368, 369, 453 S.E.2d 879, 880 (1995) ( ). Thus, we find the sentencing court did not err.
2. We hold the sentencing court did not err because no evidence in the record suggests the sentencing court...
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