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2010-UP-447 - State v. Sprouse

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 Earl Sprouse, Appellant.


Appeal From Union County
Larry B. Hyman, Jr., Circuit Court Judge


Unpublished Opinion No. 2010-UP-447
Submitted October 1, 2010 – Filed October 14, 2010   


APPEAL DISMISSED


Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Kevin S. Brackett, of York, for Respondent.

PER CURIAM: John Earl Sprouse appeals his plea to assault and battery of a high and aggravated nature, arguing the plea court erred in accepting his nolo contendre plea because Sprouse failed to state on the record that he did not wish to contest the State's allegations against him.  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 petition to be relieved.[1]

APPEAL DISMISSED.

FEW, C.J., HUFF and GEATHERS, JJ., concur.


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