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2007-UP-447 - State v. Kordelski

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.

Richard Michael Kordelski, Appellant.


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


Unpublished Opinion No. 2007-UP-447
Submitted October 1, 2007 – Filed October 9, 2007


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Dudek, South Carolina Commission on Indigent Defense, 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, of Columbia; and Solicitor Thomas E. Pope, of York, for Respondent.

PER CURIAM:  Richard Michael Kordelski appeals the award of $2,874.00 in restitution to the victims for the car destroyed in connection with his conviction for use of a vehicle without permission.  He asserts the circuit court abused its discretion in awarding this amount to the victims, because it would result in a windfall.  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[1] Kordelski’s appeal and grant counsel’s motion 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.