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2008-UP-584 - State v. Vell

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.

James Vell, A/K/A, Bobby J. Bell, Appellant.


Appeal from Richland County
 Reginald I. Lloyd, Circuit Court Judge


Unpublished Opinion No. 2008-UP-584
Submitted October 1, 2008 – Filed October 15, 2008


APPEAL DISMISSED


Aileen P. Clare, Appellate Defender, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliot, all of Columbia; and Solicitor Warren B. Giese, of Columbia, for Respondent.

PER CURIAM:  James Vell was convicted of kidnapping and first-degree criminal sexual conduct. On appeal, Vell’s counsel argues the trial court abused its discretion by forcing him to proceed to trial with appointed counsel rather than the attorney of his choice.  Vell also filed a pro se brief, arguing: (1) the trial court prejudiced him by enhancing his sentence after his request for the attorney of his choice; and (2) the trial court violated his Due Process rights by sentencing him to consecutive terms for charges “committed at the same time.”  After a thorough review of the record, counsel’s brief, and Vell’s pro se 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.

HEARN, C.J., HUFF and GEATHERS, JJ., concur.


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