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2009-UP-435 - State v. Sowells

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.

James Sowells, Appellant.


Appeal From Dillon County
Howard P. King, Circuit Court Judge


Unpublished Opinion No.2009-UP-435
Submitted September 1, 2009 – Filed September 10, 2009   


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, 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 Jay E. Hodge, Jr., of Cheraw, for Respondent.

PER CURIAM:  James Sowells appeals his guilty plea and sentence for two counts of possession of crack cocaine, three counts of distribution of crack cocaine, and three counts of distribution of crack cocaine within proximity to a school.  Sowells argues the trial court erred in imposing a longer sentence than the one offered by the State in a withdrawn plea deal.  Sowells also argues pro se, that the trial court erred in allowing him to plead guilty "without the Brady material."[1]  After a thorough review of the record, counsel's brief, and Sowells's pro se 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.[2]

APPEAL DISMISSED. 

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


[1] Brady v. Maryland, 373 U.S. 83 (1963).

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