State v. Douglas

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT
BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Jeremiah Douglas, Jr., Appellant.

Appeal From Pickens County
 Henry F. Floyd, Circuit Court Judge

Unpublished Opinion No. 2004-UP-447
Submitted July 7, 2004 Filed August 25, 2004

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, Office of Appellate Defense, for Appellant

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Jeremiah Douglas, Jr., appeals his conviction for unlawful possession of a pistol and possession of a controlled substance.  Douglas argues his sentence of 90 days imprisonment, $250 fine, and two years of probation is so disproportionate to the offense it amounts to unconstitutional cruel and unusual punishment.  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 Douglas's appeal under Rule 220(b)(2), SCACR and grant counsel's motion to be relieved. [1]

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.

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