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2008-UP-666 - State v. Floyd

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.

Donald Roy Floyd, Appellant.


Appeal From York County
John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No. 2008-UP-666
Submitted December 1, 2008 – Filed December 8, 2008   


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM: Donald Floyd pled guilty to possessing cocaine, first offense; was given a conditional discharge; and was required to comply with the conditions of probation for one year.  Thereafter, Floyd’s conditional sentence was revoked by the trial court, and Floyd was sentenced to two years’ imprisonment.  Floyd appeals, arguing the trial court abused its discretion by sentencing him to two years without allowing him to enter a plea and adjudicate his guilt.  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.

HEARN, C.J., SHORT and KONDUROS, JJ., concur. 


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