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2008-UP-186 - State v. Jackson

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.

Hershal Jackson, Appellant.


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


Unpublished Opinion No. 2008-UP-186
Submitted March 3, 2008 – Filed March 17, 2008


APPEAL DISMISSED


Appellate Defender Robert M. Dudek, 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, Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Hershal Jackson appeals his sentence for second-degree burglary and petit larceny.  On appeal, Jackson maintains the trial court erred in imposing a harsher sentence than normally applied because he exercised his right to a jury trial.  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[1] Jackson’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., and PIEPER, J., and GOOLSBY, A.J., concur.


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