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2009-UP-311 - State v. Mundy

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.

John Cecil Mundy, Appellant.


Appeal From Aiken County
 J. Michelle Childs, Circuit Court Judge


Unpublished Opinion No. 2009-UP-311
Submitted May 1, 2009 – Filed June 11, 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; Solicitor Barbara R Morgan, of Aiken, for Respondent.

PER CURIAM:  John Cecil Mundy appeals his guilty plea and sentence to criminal sexual conduct with a minor, second-degree, arguing the plea judge abused her discretion by sentencing him to the maximum sentence because by pleading guilty, he allowed the victim the opportunity to avoid a trial.  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.