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2008-UP-362 - State v. Byrd

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

State, Respondent,

v.

Perry L. Byrd, Appellant.


Appeal From Union County
Lee S. Alford, Circuit Court Judge


Unpublished Opinion No.  2008-UP-362
Submitted July 1, 2008 – Filed July 11, 2008


APPEAL DISMISSED


Appellate Defender Lanelle C. Durant, South Carolina Commission on 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 Kevin S. Brackett, of York, for Respondent.

PER CURIAM:  Perry L. Byrd pled guilty to two counts of distribution of crack cocaine within the proximity of a school, public park, or public playground, and two counts of distribution of crack cocaine, second offense.  He received concurrent sentences of eighteen years for each distribution of crack cocaine, second offense charge, and concurrent sentences of fifteen years for the remaining distribution charges.  Byrd appeals his guilty plea, arguing the trial court erred by accepting his guilty plea because the State failed to introduce the drug analysis proving the substances were crack cocaine. 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 Mathis’s 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.