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2004-UP-523 - State v. Dunham

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.

Joseph Michael Dunham,        Appellant.


Appeal From Charleston County
A. Victor Rawl, Circuit Court Judge


Unpublished Opinion No. 2004-UP-523
Submitted October 1, 2004 – Filed October 14, 2004


APPEAL DISMISSED


Senior Assistant Appellate Defender Wanda P. Hagler, South Carolina Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Joseph Dunham (Appellant) pled guilty under North Carolina v. Alford, 400 U.S. 25 (1970), to committing a lewd act upon a minor.  The trial court sentenced Appellant to ten years in prison.  The court suspended Appellant’s sentence and placed him on probation for 30 months on the condition that he assist the State as indicated in their plea agreement. 

On appeal, counsel for Appellant has filed a brief along with a petition to be relieved as counsel.  Appellant 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 the appeal and grant counsel’s petition to be relieved.      

APPEAL DISMISSED. [1]

GOOSLBY, ANDERSON, and WILLIAMS, JJ., concur.


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