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2004-UP-198 - State v. Clark

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.

Ellen Clark,        Appellant.


Appeal From Aiken County
John W. Kittredge, Circuit Court Judge


Unpublished Opinion No.  2004-UP-198
Submitted January 29, 2004 – Filed March 24, 2004


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, SC Office of Appellate Defense, 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 Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Ellen Clark (Appellant) pled guilty to one count of grand larceny and two counts of forgery.  The court sentenced Appellant to five years in prison, suspended upon the service of two years in prison with three years probation on the grand larceny charge.  As to the forgery offenses, the court gave Appellant concurrent sentences of five years in prison, “suspended during probation.”  Restitution of $99.40 and substance abuse counseling were also ordered in this case. 

On appeal, counsel for Appellant has filed a final brief along with a petition to be relieved as counsel.  Appellant has not filed a pro se response.  After a thorough 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 the appeal and grant counsel’s petition to be relieved.              

APPEAL DISMISSED. [1]

GOOSLBY, HOWARD, and BEATTY, JJ., concur.


[1]   This case is decided without oral argument pursuant to Rule 215, SCACR.