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2008-UP-355 - State v. Santana

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.

Jesus Santana, Jr., Appellant.


Appeal From York County
 J. Michael Baxley, Circuit Court Judge


Unpublished Opinion No. 2008-UP-355
Submitted July 1, 2008 – Filed July 10, 2008   


APPEAL DISMISSED


Appellate Defender LaNelle C. DuRant, 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; Solicitor Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: Jesus Santana, Jr., pled guilty to trafficking cocaine in an amount of 28 to 100 grams.  He was sentenced to fifteen years imprisonment.  On appeal, Santana alleges the trial court erred in accepting his guilty plea because the State failed to introduce any evidence proving the quantity of cocaine and whether the substance was in fact cocaine.  Santana 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 the appeal and grant counsel's motion to be relieved.[1]

APPEAL DISMISSED.

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


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