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2008-UP-054 - State v. Ricks

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 Ricks, Appellant.


Appeal From Aiken County
Doyet A. Early, III, Circuit Court Judge


Unpublished Opinion No. 2008-UP-054
Submitted January 1, 2008 – Filed January 14, 2008   


APPEAL DISMISSED


Appellate Defender Aileen P. Clare, of Columbia, for Appellant.

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

PER CURIAM: Joseph Ricks appeals from his guilty plea to a forgery charge.  The plea judge sentenced Ricks to five years confinement, suspended on service of two years probation with restitution.  Ricks argues his sentence is unconstitutionally disproportionate and constitutes cruel and unusual punishment under the circumstances.  Ricks did not submit a pro se 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 Ricks’s appeal and grant counsel’s motion to be relieved.[1] 

APPEAL DISMISSED.

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


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