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2009-UP-424 - State v. Hemphill

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.

Kenthy Hemphill, Appellant.


Appeal From York County
 Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2009-UP-424
Submitted September 1, 2009 – Filed September 3, 2009   


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, 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 Kevin S. Brackett, of York, for Respondent.

PER CURIAM:  While on probation for distribution of cocaine, first offense, Kenthy Hemphill was arrested for possession with intent to distribute (PWID) cocaine and PWID cocaine within proximity of a school.  Immediately after accepting Hemphill's guilty plea on the PWID charges, the plea court revoked Hemphill's probation on the earlier distribution charge.  Hemphill appeals, arguing the plea court erred in holding a probation revocation hearing immediately after the plea hearing.  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] Hemphill's appeal and grant counsel's petition to be relieved. 

APPEAL DISMISSED.

HUFF, THOMAS, and PIEPER, JJ., concur.


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