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2007-UP-458 - State v. Fewell

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Johnny Ray Fewell, #2, Appellant.


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


Unpublished Opinion No.  2007-UP-458
Submitted October 1, 2007 – Filed October 11, 2007


APPEAL DISMISSED


Appellate Defender Robert M. Dudek, South Carolina Commission, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of the Office of the Attorney General, of Columbia; and Solicitor Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: Johnny Ray Fewell was convicted of distribution of crack cocaine and distribution of crack cocaine within the proximity of a public park or playground.  The trial judge sentenced him to fifteen years imprisonment for distribution of crack cocaine, and imposed a fifteen year sentence, suspended upon five years probation, consecutive, for distribution within the proximity of a park. On appeal, Fewell argues the trial judge erred in admitting prior statements of a witness made to the police because they were hearsay and prejudicial.  Fewell did not file a pro se brief.  After a thorough review of the record and counsel’s brief pursuant to Anders v. California, 386 U.S. 738 (1969), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.        

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


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