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2004-UP-231 - State v. Stokes

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.

Heath Stokes,        Appellant.


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


Unpublished Opinion No. 2004-UP-231
Submitted January 29, 2004 – Filed March 31, 2004


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, 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 Barbara Morgan, of Aiken; for Respondent.


PER CURIAM:  Heath Stokes pled guilty to violating the Habitual Traffic Offender Act and to driving under the influence, sixth offense (“DUI”).  He was sentenced to five years imprisonment, suspended on the service of four years imprisonment and fours years probation, for violating the Habitual Traffic Offender Act, and five years imprisonment, suspended on the service of one year imprisonment and the balance suspended during probation, for DUI, with the sentences to run consecutively.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Stokes’ counsel attached a petition to be relieved.  Stokes 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 Stokes’ appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, STILWELL, and HOWARD, 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.