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2008-UP-225 - State v. Richburg

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.

Darryl Richburg, Appellant.


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


Unpublished Opinion No. 2008-UP-225
Submitted April 1, 2008 – Filed April 11, 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 Donald J. Zelenka, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Darryl Richburg appeals his conviction and sentence for murder, first-degree  burglary, and criminal conspiracy.  On appeal, Richburg argues his sentence is unconstitutionally disproportionate, and therefore amounts to cruel and unusual punishment, because when he entered the victim’s home, he did not intend to do any harm.  Richburg did not file a separate 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[1] Richburg’s appeal and grant counsel’s motion to be relieved. 

APPEAL DISMISSED.

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


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