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2009-UP-334 - State v. Dukes

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 Robert Dukes, Appellant.


Appeal From Pickens County
 Larry R. Patterson, Circuit Court Judge


Unpublished Opinion No. 2009-UP-334
Submitted May 1, 2009 – Filed June 15, 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, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  John R. Dukes appeals his guilty pleas and sentences for two counts of possession of crack cocaine, two counts of possession of crack cocaine with intent to distribute, and distribution of crack cocaine, arguing the plea court abused its discretion during sentencing.  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.