State v. Ricks

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.

Joseph Ricks, Appellant.

Appeal From Aiken County

Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2008-UP-054

Submitted January 1, 2008 – Filed January
14, 2008   

APPEAL DISMISSED

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 Salley W. Elliott, all
of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM: Joseph
Ricks appeals from his guilty plea to a forgery charge.  The plea judge
sentenced Ricks to five years confinement, suspended on service of two years
probation with restitution.  Ricks argues his sentence is unconstitutionally
disproportionate and constitutes cruel and unusual punishment under the
circumstances.  Ricks did not submit a pro se 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 Ricks’s appeal and grant counsel’s
motion to be relieved.[1] 

APPEAL DISMISSED.

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

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