State v. Hammond

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.

Michael Hammond, Appellant.

Appeal from Barnwell County

 Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No.  2007-UP-490

Submitted October 1, 2007 – Filed October
15, 2007

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, Office of Appellate
Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Salley W.
Elliott, all of the Office of the Attorney General, of Columbia; and Solicitor Barbara
R. Morgan, of Aiken, for Respondent.

PER CURIAM: 
Michael Hammond pled guilty to the unlawful carrying of a pistol.  He received
a one year sentence and $1000 fine.  However, upon payment of $750, the balance
of the sentence would be suspended and Hammond would receive two years of
probation.  On appeal, Hammond contends his sentence is unconstitutionally
disproportionate.  In his pro se brief, Hammond additionally
contends (1) the complainant did not appear at the hearing; (2) the officer who
arrested Hammond did not confront the complainant at the scene; (3) Hammond was
on private property at the time he was arrested; (4) the officer waited until
Hammond pulled away from the private property before operating his blue lights,
but Hammond immediately pulled back onto the private property; (5) Hammond did
not receive a preliminary hearing; and (6) there was no high speed chase before
Hammond’s arrest.  Pursuant to Anders v. California, 386 U.S. 738 (1967)
and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), after a thorough
review of the record, counsel’s brief, and Hammond’s pro se brief,
we dismiss the appeal and grant counsel’s motion to be relieved.[1]

APPEAL
DISMISSED.

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

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