State v. Dempsey

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 Dempsey, Appellant.

Appeal From Jasper County

Jackson V. Gregory,
Circuit Court Judge

Unpublished Opinion No.  2007-UP-503

Submitted October 1, 2007 – Filed October 29, 2007

APPEAL DISMISSED

Appellate
Defender Aileen P. Clare, 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, Office
of the Attorney General, of Columbia; and Solicitor I. McDuffie Stone, III, of Hampton,
for Respondent.

PER
CURIAM:  Joseph Dempsey
appeals his guilty plea to criminal domestic violence of a high and aggravated
nature for which he was sentenced to ten years confinement, suspended on
service of six years confinement and three years probation.  He maintains the
circuit court’s sentence was constitutionally disproportionate, given the
extent of the victim’s injuries and Dempsey’s lack of violent conduct in the
past.  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] Dempsey’s appeal and grant counsel’s motion to be relieved.

APPEAL
DISMISSED.

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

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