State v. Scruggs

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.

Leonard E.
Scruggs, Appellant.

Appeal From Spartanburg County

Alexander S. Macaulay, Circuit Court Judge

Unpublished Opinion No.  2008-UP-687

Submitted December 1, 2008 – Filed
December 11, 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,
all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for
Respondent.

PER
CURIAM:  Leonard Scruggs appeals his
conviction for possession with intent to distribute crack cocaine within a
one-half mile radius of a school.  Scruggs maintains the trial judge erred in
failing to enter a directed verdict when the State failed to prove possession
within a one-half mile radius of a school.  Scruggs has filed a separate pro se
brief claiming the trial judge erred in denying his motion to suppress the
cocaine because the traffic stop and subsequent encounter violated his Fourth
Amendment rights.  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 the
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.