State v. Smith

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.

Alterrick Smith,       
Appellant.

Appeal from Georgetown County

Paula H. Thomas, Circuit Court Judge

Unpublished Opinion No. 2004-UP-173

Submitted January 29, 2004 – Filed March
16, 2004

APPEAL DISMISSED

Assistant Appellate Defender Tara S. Taggart, of Columbia;
for Appellant.

Attorney General Henry Dargan McMaster; Chief Deputy Attorney
General John W. McIntosh; Assistant Deputy Attorney General Charles H. Richardson,
all of Columbia; and J. Gregory Hembree, of Conway; for Respondent.

PER CURIAM:  Alterrick Smith was
indicted for possession of marijuana with intent to distribute and possession
of marijuana with intent to distribute within the proximity of a public park
and tried by a jury in his absence.  The jury convicted Smith, and the circuit
court sentenced him to ten years imprisonment for each of the charges, the sentences
to run concurrently.  Subsequently, Smith pled guilty to an additional charge
of possession of marijuana with intent to distribute, and the circuit court
sentenced him to six years imprisonment, the sentence to run concurrently with
his ten-year sentences.  Pursuant to Anders v. California, 386 U.S. 738
(1967), Smith’s counsel attached a petition to be relieved.  Smith did not file
a pro se response.

After review of the record 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 Smith’s appeal and grant counsel’s petition
to be relieved.

APPEAL DISMISSED.
[1]

GOOLSBY, HOWARD, and KITTREDGE, JJ., concurring.

[1] Because oral argument would not aid the Court in resolving any issue
on appeal, we decide this case without oral argument pursuant to Rule 215
and 220(b)(2), SCACR.