Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2007-UP-490 - State v. Hammond

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.

Michael Hammond, Appellant.


Appeal from Barnwell County
 Doyet A. Early, III, Circuit Court Judge


Unpublished Opinion No.  2007-UP-490
Submitted October 1, 2007 – Filed October 15, 2007


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, Office of Appellate Defense, 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 Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Michael Hammond pled guilty to the unlawful carrying of a pistol.  He received a one year sentence and $1000 fine.  However, upon payment of $750, the balance of the sentence would be suspended and Hammond would receive two years of probation.  On appeal, Hammond contends his sentence is unconstitutionally disproportionate.  In his pro se brief, Hammond additionally contends (1) the complainant did not appear at the hearing; (2) the officer who arrested Hammond did not confront the complainant at the scene; (3) Hammond was on private property at the time he was arrested; (4) the officer waited until Hammond pulled away from the private property before operating his blue lights, but Hammond immediately pulled back onto the private property; (5) Hammond did not receive a preliminary hearing; and (6) there was no high speed chase before Hammond’s arrest.  Pursuant to Anders v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), after a thorough review of the record, counsel’s brief, and Hammond’s pro se brief, we dismiss the appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

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


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