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2009-UP-575 - The State Tabitha Brittingham

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.

Tabitha Deonna Brittingham, Appellant.


Appeal From Richland County
J. Michelle Childs, Circuit Court Judge


Unpublished Opinion No. 2009-UP-575
Submitted November 2, 2009 – Filed December 3, 2009   


APPEAL DISMISSED


Appellate Defender Katherine 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, Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM:  Tabitha Deonna Brittingham appeals from her guilty plea to leaving the scene of the accident resulting in death, arguing the plea court erred in failing to impose a sentence less than the negotiated five-year-cap.  After a thorough review of the record and 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., CURETON, A.J., and GOOLSBY, A.J., concur.


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