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2007-UP-509 - State v. Phillips

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.

Justin Ashley Phillips, Appellant.


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


Unpublished Opinion No. 2007-UP-509
Submitted October 1, 2007 – Filed October 30, 2007


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, 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 of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Justin Ashley Phillips pled guilty to second-degree lynching and assault and battery of a high and aggravated nature.  He was sentenced to an aggregate of fifteen years’ imprisonment, suspended upon the service of three years’ imprisonment and five years’ probation.  On appeal, Phillips argues that the trial court abused its discretion by denying his motion for a separate trial.  Phillips’ counsel attached a petition to be relieved, stating she reviewed the record and concluded this appeal lacks merit.  Phillips did not file a pro se response brief.  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 Phillips’ 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, SCACR.