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2004-UP-511 - State v. Morgan

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.

Michael J. Morgan,        Appellant.


Appeal From Horry County
James R. Barber, Circuit Court Judge


Unpublished Opinion No.  2004-UP-511
Submitted October 1, 2004 – Filed October 13, 2004


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, of Columbia, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Michael J. Morgan appeals his conviction for second-degree burglary and two counts of forgery, arguing his sentence of ten years imprisonment, suspended on service of five years confinement and two years probation, is so disproportionate to the offense it amounts to unconstitutional cruel and unusual punishment.  After a thorough review of the record and counsel’s brief 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 Douglas’s appeal under Rule 220(b)(2), SCACR, and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED.

GOOLSBY, ANDERSON and WILLIAMS, JJ., concur.


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