Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2004-UP-206 - State v. Reichard

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.

Larry Joe Reichard,        Appellant.


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


Unpublished Opinion No. 2004-UP-206
Submitted January 29, 2004 – Filed March 24, 2004


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, 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 Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Larry Reichard pled guilty to 46 counts of breach of trust with fraudulent intent.  He was sentenced to one term of five years confinement suspended on service of three years confinement and five years probation; nine consecutive terms, each for two years confinement, suspended on service of five years probation and a consecutive six months at the state restitution center; and concurrent terms totaling three years confinement on the remaining indictments.  Judge Hughston issued a written order for a future restitution hearing, which was convened in September 2002.  Reichard appeals, arguing Judge Hughston’s failure to check the “restitution” box on 36 of his sentencing sheets divested the restitution judge of subject-matter jurisdiction over those convictions.  On appeal, counsel for Reichard has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there were no meritorious grounds for appeal and requesting permission to withdraw from further representation.  Reichard has not filed a pro se response. 

After a thorough review of the record pursuant to Anders 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]

HEARN, C.J., and GOOLSBY and HOWARD, JJ., concur.


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