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2010-UP-032 - The State v. Jeremy Brown

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.

Jeremy Brown, Appellant.


Appeal from Charleston County
Benjamin H. Culbertson, Circuit Court Judge


Unpublished Opinion No. 2010-UP-032
Submitted January 4, 2010 – Filed January 25, 2010 


APPEAL DISMISSED


Appellant Defender Kathrine H. Hudgins, South Carolina Commission on Indigent Defense, 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 Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  Jeremy Brown appeals the trial court's decision to sentence him to ten years' imprisonment with respect to his conviction for possession of crack cocaine (third offense or greater), arguing that the trial court erred in imposing the maximum prison term permitted under S.C. Code Ann. § 44-53-375(A) (Supp. 2008) in view of the mitigating evidence presented at sentencing.  After thoroughly reviewing 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 Brown's appeal and grant counsel's petition to be relieved.[1]  

APPEAL DISMISSED.

HUFF, A.C.J., GEATHERS, J. and CURETON, A.J., concur.


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