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2008-UP-441 - State v. Southall

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.

Stephen Southall, Appellant.


Appeal From Colleton County
Carmen T. Mullen, Circuit Court Judge


Unpublished Opinion No. 2008-UP-441
Submitted August 1, 2008 – Filed August 6, 2008   


APPEAL DISMISSED


Appellate Defender Katherine H. Hudgins, 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 Issac McDuffie Stone, III, of Beaufort, for Respondent.

PER CURIAM:  While on probation, Stephen Southall pled guilty to two counts of possession with intent to distribute crack cocaine and one count of distribution of crack cocaine, and was sentenced to concurrent terms of ten years imprisonment for each offense.  As a result, Southall’s probation was revoked for one year, to run concurrent with the sentences imposed for his guilty plea.  Southall argues the trial court erred by considering parole eligibility when sentencing.  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 Southall’s 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.