Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2004-UP-458 - State v. Williams
12848-O

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 of South Carolina, Respondent,

v.

Delvinche Keon Williams, Appellant.


Appeal From York County
 John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No. 2004-UP-458
Submitted July 7, 2004 – Filed August 26, 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, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, for Respondents.

PER CURIAM:  Delvinche Keon Williams pled guilty to possession of marijuana with intent to distribute second offense, failure to stop for a blue light, and driving under suspension.  The trial court sentenced Williams to seven years on the possession charge, to run concurrent with a Youthful Offender Act parole revocation sentence.  Williams also received a concurrent sentence of three years for failure to stop for a blue light and a suspended sentence of thirty days for driving under suspension.  Williams appeals arguing that under the facts of his case, a seven-year prison term for possession of marijuana constitutes cruel and unusual punishment.  Williams’s counsel attached to the brief a petition to be relieved as counsel, stating that she had reviewed the record and concluded this appeal lacks merit.  Williams did not file 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 [1] the appeal and grant counsel’s petition to be relieved. 

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.


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