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2009-UP-127 - State v. Josey

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.

Christopher Josey a/k/a Christopher Choice, Appellant.


Appeal From Sumter County
 George C. James, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-UP-127
Submitted March 2, 2009 – Filed March 5, 2009   


APPEAL DISMISSED


Appellate Defender Elizabeth A. Franklin, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney Generarl John W. McIntosh,

Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; Solicitor C. Kelly Jackson, of Sumter; for Respondent.

PER CURIAM:  Christopher Josey appeals his guilty pleas and sentences for strong arm robbery, assault and battery of a high and aggravated nature, and first-degree burglary.   He argues the trial judge erred in imposing restitution which was not included as part of his negotiated sentence.  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.

Short, Thomas, and Geathers, jj., concur.


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