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2008-UP-425 - State v. Nelson

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.

Jermaine Rashard Nelson, Appellant.


Appeal From Richland County
 L. Casey Manning, Circuit Court Judge


Unpublished Opinion No. 2008-UP-425
Submitted July 1, 2008 – Filed July 23, 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, and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM: Jermaine Nelson appeals his sentence for two counts of second-degree burglary and one count of strong armed robbery.  On appeal, Nelson 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] Nelson’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.