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2007-UP-378 - State v. Cherry

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.

Terrell Deon Cherry, Appellant.


Appeal From York County
 Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2007-UP-378
Submitted September 14, 2007 – Filed September 18, 2007


APPEAL DISMISSED


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 Salley W. Elliott, Office of the Attorney General, all of Columbia; and Solicitor Kevin Scott Brackett, of York, for Respondent.

PER CURIAM:  Cherry pled guilty to distribution of crack cocaine, distribution of crack cocaine within proximity of a public school, possession of cocaine, possession of ecstasy, possession of crack cocaine with intent to distribute, and possession of crack cocaine with intent to distribute within proximity of a public school. As a result of a negotiated plea agreement, he received concurrent sentences totaling ten years.  Cherry’s counsel maintains that the ten-year sentence was disproportionate under the circumstances. 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 Cherry’s appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

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


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