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2009-UP-243 - State v. Scott

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals


The State, Respondent,

v.

Michael Tondeleo Scott, Appellant.


Appeal From Richland County
 William P. Keesley, Circuit Court Judge


Unpublished Opinion No. 2009-UP-243
Submitted May 1, 2009 – Filed May 28, 2009   


APPEAL DISMISSED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia; and Solicitor Warren B. Giese, of Columbia, for Respondent.

PER CURIAM:  Michael Tondeleo Scott appeals from his guilty plea to criminal domestic violence, unlawful use of a telephone, and resisting arrest.  On appeal, Scott argues the plea judge abused his discretion by imposing a probationary sentence instead of a monetary fine.  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., THOMAS, and KONDUROS, JJ., concur.


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