State v. Bins

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.

Barbara E. Bins, Appellant.

Appeal From Horry County

 Steven H. John, Circuit Court Judge

Unpublished Opinion No.  2009-UP-353

Submitted June 1, 2009 – Filed June 23,
2009

APPEAL DISMISSED

Appellate
Defender Lanelle C. Durant, 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 J. Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Barbara
E. Bins pled guilty to possession with intent to distribute heroin (PWID). 
After Bins denied having illegal drugs in her system at her plea hearing, she
tested positive for cocaine.  The plea court held Bins in criminal contempt and
sentenced her to ninety days' imprisonment, to be served consecutively to her
sentence for PWID.  Bins appeals, arguing the plea court erred in holding her
in contempt because she believed she truthfully answered the plea court's query
concerning drug use.  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[1] Bins's appeal and grant counsel's petition to be relieved. 

APPEAL
DISMISSED.

SHORT, WILLIAMS,
and LOCKEMY, JJ., concur.

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