State v. Stokes

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.

Heath Stokes,       
Appellant.

Appeal From Aiken County

John W. Kittredge, Circuit Court Judge

Unpublished Opinion No. 2004-UP-231

Submitted January 29, 2004 – Filed March
31, 2004

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, of Columbia;
for Appellant.

Attorney General Henry Dargan McMaster; Chief Deputy Attorney
General John W. McIntosh; Assistant Deputy Attorney General Charles H. Richardson,
all of Columbia; and Barbara Morgan, of Aiken; for Respondent.

PER CURIAM:  Heath Stokes pled
guilty to violating the Habitual Traffic Offender Act and to driving under the
influence, sixth offense (“DUI”).  He was sentenced to five years imprisonment,
suspended on the service of four years imprisonment and fours years probation,
for violating the Habitual Traffic Offender Act, and five years imprisonment,
suspended on the service of one year imprisonment and the balance suspended
during probation, for DUI, with the sentences to run consecutively.  Pursuant
to Anders v. California, 386 U.S. 738 (1967), Stokes’ counsel attached
a petition to be relieved.  Stokes did not file a pro se response.

After review of the record 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 Stokes’ appeal and grant counsel’s petition
to be relieved.

APPEAL DISMISSED.
[1]

GOOLSBY, STILWELL, and HOWARD, JJ., concurring.

[1] Because oral argument would not aid the Court in resolving any issue
on appeal, we decide this case without oral argument pursuant to Rule 215
and 220(b)(2), SCACR.