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2009-UP-353 - State v. Bins

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.

Barbara E. Bins, Appellant.


Appeal From Horry County
 Steven H. John, Circuit Court Judge


Unpublished Opinion No.  2009-UP-353
Submitted June 1, 2009 – Filed June 23, 2009


APPEAL DISMISSED


Appellate Defender Lanelle C. Durant, 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 J. Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Barbara E. Bins pled guilty to possession with intent to distribute heroin (PWID).  After Bins denied having illegal drugs in her system at her plea hearing, she tested positive for cocaine.  The plea court held Bins in criminal contempt and sentenced her to ninety days' imprisonment, to be served consecutively to her sentence for PWID.  Bins appeals, arguing the plea court erred in holding her in contempt because she believed she truthfully answered the plea court's query concerning drug use.  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[1] Bins's appeal and grant counsel's petition to be relieved. 

APPEAL DISMISSED.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.


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