State v. Winston

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.

Joey Winston, Appellant.

Appeal From Beaufort County
 Perry M. Buckner, Circuit Court Judge

Unpublished Opinion No. 2009-UP-350
Submitted May 1, 2009 Filed June 23, 2009   

APPEAL DISMISSED

Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia; and Solicitor I. McDuffie Stone, III, of Beaufort, for Respondent.

PER CURIAM:  Joey Winston appeals his guilty pleas and sentences for unlawful possession of a weapon, resisting arrest, and simple assault and battery, arguing the plea court abused its discretion during sentencing because Winston offered significant mitigation.  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 motion to be relieved.[1]

APPEAL DISMISSED.

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

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