State v. Phillips

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.

Justin Ashley
Phillips, Appellant.

Appeal from Cherokee County

 Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2007-UP-509

Submitted October 1, 2007 – Filed October
30, 2007

APPEAL DISMISSED

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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Salley W.
Elliott, all of of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg,
for Respondent.

PER CURIAM: Justin Ashley Phillips pled guilty to second-degree lynching and assault and
battery of a high and aggravated nature.  He was sentenced to an aggregate of
fifteen years’ imprisonment, suspended upon the service of three years’
imprisonment and five years’ probation.  On appeal, Phillips argues that the
trial court abused its discretion by denying his motion for a separate trial. 
Phillips’ counsel attached a
petition to be relieved, stating she reviewed the record and concluded this
appeal lacks merit.  Phillips did not file a pro se response
brief.  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 Phillips’ appeal 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.