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2009-UP-454 - State v Douglas Lamont Rice

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.

Douglas Lamont Rice, Appellant.


Appeal From Anderson County
J. Cordell Maddox, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-UP-454
Submitted October 1, 2009 – Filed October 8, 2009   


APPEAL DISMISSED


Appellate Defender Kathrine H. Hudgins, 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;  Solicitor Christina Theos Adams, of Anderson, for Respondent.

PER CURIAM:  Douglas Lamont Rice appeals his conviction for trafficking in cocaine, arguing the trial judge erred in (1) proceeding in absentia when the State failed to produce evidence Rice had been given notice of his trial date, and (2) failing to declare a mistrial after the prosecutor improperly commented on Rice's right to remain silent.  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., Konduros, and Lockemy, JJ.,  concur.


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