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2009-UP-547 - State v. Gomillion

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.

Ravenel Gomillion, Appellant.


Appeal From Aiken County
Benjamin H. Culbertson, Circuit Court Judge


Unpublished Opinion No. 2009-UP-547
Submitted November 2, 2009 – Filed November 20, 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 Barbara R Morgan, of Aiken, for Respondent.

PER CURIAM:  Ravenel Gomillion appeals his guilty plea to criminal domestic violence of a high and aggravated nature and ten-year sentence.  Gomillion's counsel filed a brief, arguing the trial court erred in basing Gomillion's sentence upon the fact that he was on probation for a prior conviction without knowledge of the facts surrounding the probation sentence.  Gomillion filed a pro se brief reasserting counsel's briefed argument.  After a thorough review of the record and both briefs 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., Huff, and Geathers, JJ., concur.


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