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2010-UP-133 - The State v. John Pressley

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.

John William Pressley, Appellant.


Appeal From York County
Larry B. Hyman, Circuit Court Judge


Unpublished Opinion No. 2010-UP-133
Submitted January 4, 2010 – Filed February17, 2010 


APPEAL DISMISSED


Appellate Defender Kathrine 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, Office of the Attorney General, all of Columbia; Solicitor Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: John William Pressley appeals his guilty plea to distribution of crack cocaine, possession of marijuana with intent to distribute, and possession of marijuana with intent to distribute within proximity to a public park.  On appeal, Pressley contends the trial court erred in failing to require the State to amend the date on the indictment, and its failure to do so requires this court to remand Pressley's case for a new trial.  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 Pressley's 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.