State v. Hernandez

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.

Alberto
Hernandez, Appellant.

Appeal From Spartanburg County

 Roger L. Couch, Circuit Court Judge

Unpublished Opinion No. 2008-UP-473

Submitted August 1, 2008 – Filed August
11, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Alberto Hernandez appeals his conviction
and sentence for trafficking in cocaine greater than ten grams.[1] 
On appeal, Hernandez argues the circuit court improperly interpreted the
statute under which he was charged as extending culpability for merely
possessing ten or more grams of cocaine, rather than requiring an intent to
distribute.  Hernandez filed a separate pro se brief, arguing he
possessed the cocaine solely for his personal use, and the amount of cocaine
was less than ten grams.  After a thorough review of the record and both briefs
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[2] the appeal and grant counsel’s petition to be relieved. 

APPEAL DISMISSED.

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

[1] S.C. Code Ann. § 44-53-370(a)(2) (2002). 

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