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2008-UP-437 - State v. Miller

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.

Carl Kevin Miller, Appellant.


Appeal From Richland County
 James R. Barber, III, Circuit Court Judge


Unpublished Opinion No. 2008-UP-437
Submitted August 1, 2008 – Filed August 5, 2008   


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, 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:  Carl Kevin Miller appeals his guilty plea to two counts of shoplifting and concurrent sentences of six years imprisonment for each count.  Miller argues the plea court erred in considering the solicitor’s sentencing recommendation.  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.

KONDUROS, J., CURETON, A.J., and GOOLSBY, A.J., concur.


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