State v. Brown

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.

Theodore Harold
Brown, Appellant.

Appeal From Richland County

 Diane Schafer Goodstein, Circuit Court
Judge

Unpublished Opinion No. 2008-UP-694

Submitted December 1, 2008 – Filed
December 15, 2008   

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and
Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER
CURIAM:  Theodore Harold Brown appeals his ten-year sentence,
suspended upon the service of three years and three years of probation for assault
and battery of a high and aggravated nature.  He maintains the trial court
erred in refusing to impose a six month sentence when Brown waived presentment
to the grand jury, agreed to pay restitution, and the victim could not be
located.  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 Brown’s appeal and grant counsel’s
motion to be relieved.[1]

APPEAL DISMISSED.

WILLIAMS, PIEPER, and GEATHERS, JJ., concur. 

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