State v. Wingate

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.

Kenny Wingate, Appellant.

Appeal From Chesterfield County

  James E. Lockemy, Circuit Court Judge

Unpublished Opinion No.  2008-UP-477

Submitted August 1, 2008 – Filed August
11, 2008

APPEAL DISMISSED

Chief Appellate Defender Joseph L. Savitz, III, South Carolina
Commission on Indigent Defense, Division of Appellate Defense, 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 Jay E. Hodge, Jr., of Cheraw, for Respondent.

PER CURIAM: Kenny Wingate appeals his conviction and sentence for possession with
intent to distribute crack cocaine.  He argues the trial court erred in allowing
the State to pit Wingate against the arresting officers by asking Wingate if
the officers were fabricating their testimony.  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] Wingate’s appeal and grant counsel’s motion to be relieved.

APPEAL
DISMISSED.

KONDUROS, J., CURETON, A.J., and GOOLSBY, A.J.,
concur.

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