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2008-UP-687 - State v. Scruggs

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.

Leonard E. Scruggs, Appellant.


Appeal From Spartanburg County
Alexander S. Macaulay, Circuit Court Judge


Unpublished Opinion No.  2008-UP-687
Submitted December 1, 2008 – Filed December 11, 2008 


APPEAL DISMISSED


Appellate Defender Kathrine 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Leonard Scruggs appeals his conviction for possession with intent to distribute crack cocaine within a one-half mile radius of a school.  Scruggs maintains the trial judge erred in failing to enter a directed verdict when the State failed to prove possession within a one-half mile radius of a school.  Scruggs has filed a separate pro se brief claiming the trial judge erred in denying his motion to suppress the cocaine because the traffic stop and subsequent encounter violated his Fourth Amendment rights.  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.

WILLIAMS, PIEPER, and GEATHERS, JJ., concur.


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