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2008-UP-397 - State v. Mash

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.

Paul Mash, Appellant.


Appeal From Spartanburg County
 J. Mark Hayes, II, Circuit Court Judge


Unpublished Opinion No. 2008-UP-397
Submitted July 1, 2008 – Filed July 15, 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 Salley W. Elliott, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Paul Mash appeals his sentence for five counts of committing a lewd act on a minor under the age of sixteen.  On appeal, Mash argues his sentence is unconstitutionally disproportionate and constitutes cruel and unusual punishment.  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] Mash’s appeal and grant counsel’s motion to be relieved.

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.