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2008-UP-473 - State v. Hernandez

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.

Alberto Hernandez, Appellant.


Appeal From Spartanburg County
 Roger L. Couch, Circuit Court Judge


Unpublished Opinion No. 2008-UP-473
Submitted August 1, 2008 – Filed August 11, 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:  Alberto Hernandez appeals his conviction and sentence for trafficking in cocaine greater than ten grams.[1]  On appeal, Hernandez argues the circuit court improperly interpreted the statute under which he was charged as extending culpability for merely possessing ten or more grams of cocaine, rather than requiring an intent to distribute.  Hernandez filed a separate pro se brief, arguing he possessed the cocaine solely for his personal use, and the amount of cocaine was less than ten grams.  After a thorough review of the record and both briefs 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[2] the appeal and grant counsel’s petition to be relieved. 

APPEAL DISMISSED.

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


[1] S.C. Code Ann. § 44-53-370(a)(2) (2002). 

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