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2011-UP-009 - In The Matter of Cedric White

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

In The Matter Of The Care And Treatment Of Cedric Leandra White, Appellant.


Appeal From Charleston County
Deadra L. Jefferson, Circuit Court Judge


Unpublished Opinion No.  2011-UP-009 
Submitted January 1, 2011 – Filed January 24, 2011


APPEAL DISMISSED


Appellate Defender LaNelle C. DuRant, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Deborah R. J. Shupe, all of Columbia, for Respondent.

PER CURIAM:  Cedric Leandra White appeals his commitment to the South Carolina Department of Mental Health under the Sexually Violent Predator Act.  White argues the trial court erred by improperly relying on Dr. Schwartz-Watt's diagnosis of an unspecified sexual disorder during his second evaluation even though she had previously found he did not meet the definition of a sexually violent predator.  After a thorough review of the record and counsel's brief, pursuant to Anders v. California, 386 U.S. 738 (1967), In re McCoy, 360 S.C. 425, 427, 602 S.E.2d 58, 59 (2004) (adopting the Anders procedure for alleged no-merit appeals in sexually violent predator involuntary commitment appeals), 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.

FEW, C.J., SHORT and WILLIAMS, JJ., concur.


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