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2010-UP-165 - The State v. Walter Simmons

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.,

Walter Lee Simmons, Appellant.


Appeal From Charleston County
Thomas W. Cooper, Jr., Circuit Court Judge


Unpublished Opinion No. 2010-UP-165
Submitted January 4, 2010 – Filed February 24, 2010   


APPEAL DISMISSED


Appellate Defender M. Celia Robinson, 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:  Walter Lee Simmons appeals his guilty pleas to distribution of crack cocaine and distribution of crack cocaine within the proximity of a school, arguing the trial court erred in accepting his guilty plea to a charge for which he was not indicted and in permitting the prosecution to amend the indictment after Simmons's guilty plea was accepted and his sentence imposed.  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.