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2009-UP-528 - The State v. Shaheen R. Cabbagestalk

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 Cabbagestalk a/k/a Shaheen R. Cabbagestalk, Appellant.


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


Unpublished Opinion No. 2009-UP-528
Submitted November 2, 2009 – Filed November 19, 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; and Solicitor Jay E. Hodge, Jr., of Cheraw, for Respondent.

PER CURIAM: James Cabbagestalk, also known as Shaheen Ramel Cabbagestalk, appeals his guilty plea and sentence for armed robbery, arguing the plea court erred in amending his indictment.[1]  After a thorough review of the record, counsel's brief, and Cabbagestalk'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. 

WILLIAMS, PIEPER, and LOCKEMY, JJ., concur. 


[1]  Cabbagestalk filed a motion to seal the supplemental record which included unredacted sensitive information.  The State consented to the motion.  After careful consideration, the motion to seal is granted.  

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