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2009-UP-298 - State v. Fleming

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.

Ralph Kentil Fleming, Appellant.


Appeal From Spartanburg County
 Roger L. Couch, Circuit Court Judge


Unpublished Opinion No.  2009-UP-298
Submitted May 1, 2009 – Filed June 8, 2009


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, of Columbia; and Solicitor Harold W Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Ralph Kentil Fleming appeals his guilty plea and sentence for accessory after the fact, arguing the plea court erred in refusing to consider, during sentencing, his eventual cooperation in testifying for the State.  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.