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2009-UP-500 - State v. Gaddist

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.

Richard Gaddist, Appellant.


Appeal From Berkeley County
Daniel F. Pieper, Circuit Court Judge


Unpublished Opinion No.  2009-UP-500
Submitted October 1, 2009 – Filed October 26, 2009 


APPEAL DISMISSED


Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  Richard Gaddist appeals his guilty pleas for second-degree burglary, kidnapping, and armed robbery.  Gaddist argues the plea court erred in exercising its discretion to impose different sentences based on the level of involvement of each participant in the crime.  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. 

SHORT, WILLIAMS, and GEATHERS, JJ., concur. 


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