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2010-UP-101 - The State v. Derrick Turner

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.

Derrick Bernard Turner, Appellant.


Appeal from York County
Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2010-UP-101
Submitted January 4, 2010 – Filed February 4, 2010  


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, 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; Solicitor Kevin S. Brackett, of York, for Respondent.

PER CURIAM: Derrick Bernard Turner appeals his conviction and sentence for trafficking crack cocaine, first offense.  Turner argues that defense counsel deviated from arguing on his behalf during opening statements.  After a thorough review of 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 the appeal and grant counsel's motion to be relieved.[1]

APPEAL DISMISSED.

WILLIAMS, PIEPER, and Lockemy, JJ., concur.


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