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2008-UP-182 - State v. Cannon

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.

Wellington Cannon, III, ppellant.


Appeal From Darlington County
 James E. Lockemy, Circuit Court Judge


Unpublished Opinion No.  2008-UP-182
Submitted March 3, 2008 – Filed March 17, 2008


APPEAL DISMISSED


Appellate Defender Aileen P. Clare, South Carolina Commission of Indigent Defense, Division of Appellate Defense, 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 Columbia; and Solicitor Jay E. Hodge, Jr., of Cheraw, for Respondent.

PER CURIAM: Wellington Cannon, III appeals his sentence for distribution of crack cocaine and distribution of crack cocaine within the proximity of a school.  On appeal, Cannon argues his sentence is unconstitutionally disproportionate and constitutes cruel and unusual punishment.  Cannon’s counsel attached a petition to be relieved, stating she reviewed the record and concluded this appeal lacks merit.  Cannon 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 Cannon’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.