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2007-UP-398 - State v. Steward

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.

John Stewart, Appellant.


Appeal From Berkeley County
  Deadra L. Jefferson, Circuit Court Judge


Unpublished Opinion No. 2007-UP-398
Submitted September 1, 2007 – Filed September 25, 2007  


APPEAL DISMISSED


Appellate Defender Aileen P. Clare, of Columbia; and John Stewart, of Ridgeville, for Appellant.

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

PER CURIAM: Stewart appeals from his guilty plea to voluntary manslaughter, arguing is thirty year sentence is disproportionate to the crime committed.   Stewart also filed a pro se brief, arguing his counsel was ineffective.  After a thorough review of the record, counsel’s brief, and Stewart’s pro se 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 Stewart’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.