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2011-UP-529 - State v. Morris

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.

Michael Alan Morris, Appellant.


Appeal From Charleston County
Thomas L. Hughston, Jr., Circuit Court Judge


Unpublished Opinion No. 2011-UP-529
Submitted November 1, 2011 – Filed December 2, 2011   


AFFIRMED


Appellate Defender M. Celia Robinson, of Columbia, for Appellant.

Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark R. Farthing, all of Columbia; and Solicitor Scarlett A. Wilson, of Charleston, for Respondent.

PER CURIAM: Michael Alan Morris appeals the circuit court's order requiring him to register as a sex offender, arguing his guilty plea to third-degree sexual exploitation of a minor was not an offense enumerated in section 23-3-430(C) of the South Carolina Code (Supp. 2010).  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code Ann. § 23-3-430(C)-(D) (Supp. 2010) (providing that the circuit court has discretion to order a defendant to register as a sex offender after he pleads guilty to a "violation[] of Article 3, Chapter 15 of Title 16 involving a minor"); S.C. Code Ann. § 16-15-410(A)-(B) (Supp. 2010) (providing that the visual representation be of a minor and allowing the fact-finder to make an inference the participant in the depicted sexual activity is a minor).

AFFIRMED.

FEW, C.J., THOMAS and KONDUROS, JJ., concur.


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