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2008-UP-696 - State v. Byrd

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.

Natalie  Byrd, Appellant.


Appeal From Pickens County
 J. Michael Baxley, Circuit Court Judge


Unpublished Opinion No. 2008-UP-696
Submitted December 1, 2008 – Filed December 15, 2008   


APPEAL DISMISSED


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, Office of the Attorney General, of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Natalie Byrd appeals her concurrent sentence of five years and one year for failure to return rental property and financial transaction card fraud.  She maintains the trial court erred in refusing to consider house arrest as an alternative to prison time.  After a thorough review of the record, counsel’s brief, and Byrd’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 Byrd’s appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

ANDERSON, HUFF, and THOMAS, JJ., concur.


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