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2008-UP-172 - State v. Moore

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.

Antonio Lopez Moore, Appellant.


Appeal From York County
 John C. Hayes, III, Circuit Court Judge
 G. Thomas Cooper, Jr., Circuit Court Judge


Unpublished Opinion No. 2008-UP-172
Submitted March 3, 2008 – Filed March 12, 2008   


APPEAL DISMISSED


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 Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: Antonio Lopez Moore pled guilty to possession with intent to distribute crack cocaine and possession with intent to distribute crack cocaine within proximity of a school.  The trial judge sentenced him to concurrent terms of imprisonment of fifteen years on each charge, and revoked his probation from a prior offense.  Moore contends the trial judge erred in imposing a sentence that exceeded the sentencing range in Moore’s plea agreement.  Moore’s counsel attached a petition to be relieved, stating she reviewed the record and concluded this appeal lacks merit.  Moore did not file 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 Moore’s appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

HUFF, KITTREDGE, and WILLIAMS JJ., concur.


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