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2008-UP-040 - State v. Gray

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.

Noel Gray, Appellant.


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


Unpublished Opinion No. 2008-UP-040
Submitted January 2, 2008 – Filed January 11, 2008


APPEAL DISMISSED


Eleanor Duffy Cleary, South Carolina Commission on Indigent Defense,  Division of Appellate Defense, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia; Solicitor Barbara R. Morgan, Second Judicial Circuit, of Aiken, for Respondent.

PER CURIAM:  Gray appeals his life sentence without parole for two counts of second degree criminal sexual conduct with a minor.  On appeal Gray alleges the trial judge erred by allowing a prior, out-of-state charge for aggravated child molestation to be classified as a most serious offense in South Carolina.  After a thorough review of the record, counsel’s brief, and Gray’s pro se 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] Gray’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

ANDERSON, SHORT AND WILLIAMS, JJ., CONCUR


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