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2004-UP-173 - 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 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Alterrick Smith,        Appellant.


Appeal from Georgetown County
Paula H. Thomas, Circuit Court Judge


Unpublished Opinion No. 2004-UP-173
Submitted January 29, 2004 – Filed March 16, 2004


APPEAL DISMISSED


Assistant Appellate Defender Tara S. Taggart, of Columbia; for Appellant.

Attorney General Henry Dargan McMaster; Chief Deputy Attorney General John W. McIntosh; Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and J. Gregory Hembree, of Conway; for Respondent.


PER CURIAM:  Alterrick Smith was indicted for possession of marijuana with intent to distribute and possession of marijuana with intent to distribute within the proximity of a public park and tried by a jury in his absence.  The jury convicted Smith, and the circuit court sentenced him to ten years imprisonment for each of the charges, the sentences to run concurrently.  Subsequently, Smith pled guilty to an additional charge of possession of marijuana with intent to distribute, and the circuit court sentenced him to six years imprisonment, the sentence to run concurrently with his ten-year sentences.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Smith’s counsel attached a petition to be relieved.  Smith did not file a pro se response.

After review of the record pursuant to Anders v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss Smith’s appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and KITTREDGE, JJ., concurring.


[1] Because oral argument would not aid the Court in resolving any issue on appeal, we decide this case without oral argument pursuant to Rule 215 and 220(b)(2), SCACR.