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2008-UP-694 - State v. Brown

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.

Theodore Harold Brown, Appellant.


Appeal From Richland County
 Diane Schafer Goodstein, Circuit Court Judge


Unpublished Opinion No. 2008-UP-694
Submitted December 1, 2008 – Filed December 15, 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, and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM:  Theodore Harold Brown appeals his ten-year sentence, suspended upon the service of three years and three years of probation for assault and battery of a high and aggravated nature.  He maintains the trial court erred in refusing to impose a six month sentence when Brown waived presentment to the grand jury, agreed to pay restitution, and the victim could not be located.  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 Brown’s 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.