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2007-UP-503 - State v. Dempsey

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.

Joseph Dempsey, Appellant.


Appeal From Jasper County
Jackson V. Gregory, Circuit Court Judge


Unpublished Opinion No.  2007-UP-503
Submitted October 1, 2007 – Filed October 29, 2007


APPEAL DISMISSED


Appellate Defender Aileen P. Clare, South Carolina Commission on Indigent Defense, Division of Appellate 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 I. McDuffie Stone, III, of Hampton, for Respondent.

PER CURIAM:  Joseph Dempsey appeals his guilty plea to criminal domestic violence of a high and aggravated nature for which he was sentenced to ten years confinement, suspended on service of six years confinement and three years probation.  He maintains the circuit court’s sentence was constitutionally disproportionate, given the extent of the victim’s injuries and Dempsey’s lack of violent conduct in the past.  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] Dempsey’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.