State v. Cannon

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.

Wellington Cannon, III, ppellant.

Appeal From Darlington County

 James E. Lockemy, Circuit Court Judge

Unpublished Opinion No.  2008-UP-182

Submitted March 3, 2008 – Filed March 17,
2008

APPEAL DISMISSED

Appellate Defender Aileen P. Clare, South Carolina Commission of
Indigent Defense, Division 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 Columbia; and Solicitor Jay E. Hodge, Jr., of Cheraw, for
Respondent.

PER CURIAM: Wellington Cannon,
III appeals his sentence for distribution of crack cocaine and distribution of
crack cocaine within the proximity of a school.  On appeal, Cannon argues his
sentence is unconstitutionally disproportionate and constitutes cruel and
unusual punishment.  Cannon’s
counsel attached a petition to be relieved, stating she reviewed the record and
concluded this appeal lacks merit.  Cannon did not file a pro se brief.  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 Cannon’s appeal and grant counsel’s
motion to be relieved.[1]

APPEAL
DISMISSED.

HUFF,
KITTREDGE, and WILLIAMS JJ., concur.

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