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2010-UP-326 - State v. Starling

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.

Van Starling, Appellant.


Appeal From Kershaw County
G. Thomas Cooper, Jr., Circuit Court Judge


Unpublished Opinion No. 2010-UP-326
Submitted June 1, 2010 – Filed June 24, 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, and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM: Van Starling appeals his convictions for assault and battery of a high and aggravated nature and resisting arrest.  On appeal, Starling argues the trial court erred in increasing his original sentence in violation of the double jeopardy clause.  After a thorough review of the record, counsel's brief, and Starling's pro se 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.

KONDUROS, GEATHERS, and LOCKEMY, JJ., concur.


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