State v. Kelly

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.

William Kelly, Appellant.

Appeal From Lexington County

 William P. Keesley, Circuit Court Judge

Unpublished Opinion No. 2008-UP-347

Submitted July 1, 2008 – Filed July 9,
2008  

APPEAL DISMISSED

Deputy Chief Appellate Defender Robert M. Dudek, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM: William Kelly appeals the sentencing
judge’s imposition of a life sentence without the possibility of parole.  Kelly
argues the case should be remanded for re-sentencing because the sentencing
judge was not obligated to impose a life sentence without parole.  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] Kelly’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., CURETON and GOOLSBY, A.J.J., concur.

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