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2009-UP-551 - State v. Gregory

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.

Thomas Arnold Gregory, Appellant.


Appeal From Cherokee County
 J. Ernest Kinard, Jr., Circuit Court Judge
 James E. Lockemy, Circuit Court Judge


Unpublished Opinion No. 2009-UP-551
Submitted November 2, 2009 – Filed November 19, 2009   


APPEAL DISMISSED


Appellate Defender M. Celia Robinson, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Thomas Arnold Gregory was convicted in absentia and sentenced to a total of twenty-five years' imprisonment for possession with intent to distribute crack cocaine near a playground, resisting arrest, and trafficking in crack cocaine.  Gregory appeals, arguing the trial court erred in refusing to exclude unduly prejudicial propensity evidence concerning his possession of marijuana at the time of his arrest.  Gregory also filed a pro se brief.  After thoroughly reviewing the record and 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[1] Gregory's appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

SHORT, THOMAS, and KONDUROS, JJ., concur.


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