State v. Bonner
400 S.C. 561
S.C. Ct. App.2012Background
- Bonner, age 17 at the time of a home-invasion burglary, was convicted on multiple charges including burglary in the first degree and sentenced to life without parole (LWOP) for burglary first degree; the State concedes the LWOP sentence for a juvenile non-homicide was improper.
- Trial counsel failed to object and did not raise sentencing issues in post-trial motions; the trial court imposed LWOP concurrently with other substantial prison terms.
- On appeal, the State argues the issue is not preserved for review, while Bonner contends the issue should be reviewed under judicial economy.
- The court recognizes preservation issues but invokes exceptional-circumstances authority to address the improper LWOP sentence on appeal.
- The court vacates the LWOP sentence and remands for resentencing in light of Graham v. Florida and related authority, with the State conceding error and a need for proper resentencing.
- Final disposition: VACATED AND REMANDED.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether LWOP for a non-homicide juvenile violates the Eighth Amendment | Bonner argues Graham/Miller prohibit juvenile non-homicide LWOP | State concedes error but argues issue not preserved | Vacate LWOP; remand for resentencing |
| Whether the sentencing issue is preserved for appellate review | Bonner acknowledges preservation issue but seeks economy review | State says unpreserved | Exceptional-circumstances review allowed; merits addressed |
| Whether judicial-economy exception supports addressing the improper sentence on appeal | Bonner relies on Johnston/Vick rationale | State concedes error and supports exception | Exceptional-circumstances approach applied; vacate and remand |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (juvenile non-homicide LWOP violates Eighth Amendment)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory LWOP for juveniles unconstitutional)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (juvenile death penalty ban; maturity/rehabilitation relevance)
- State v. Johnston, 333 S.C. 459 (S.C. 1999) (exceptional circumstances to review unpreserved sentencing)
- State v. Vick, 384 S.C. 189 (Ct.App. 2009) (judicial-economy review when concession or economy interests exist)
- Jeter v. S.C. Dep’t of Transp., 369 S.C. 433 (S.C. 2006) (judicial economy in addressing issues despite preservation problems)
- Southern Bell Tel. & Tel. Co. v. Hamm, 306 S.C. 70 (S.C. 1991) (economic considerations in appellate review)
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (reiteration of Eighth Amendment holding for juveniles)