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2010-UP-266 - State v. Troxell

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.

Frances Troxell, Appellant.


Appeal From Spartanburg County
Gordon G. Cooper, Circuit Court Judge


Unpublished Opinion No. 2010-UP-266
Submitted March 1, 2010 – Filed May 4, 2010   


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Frances Troxell appeals the trial court's order of restitution from her guilty plea to assault and battery of a high and aggravated nature, arguing the court erred in ordering restitution when the hearing was not held in a timely manner.  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[1] the appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.


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