State v. Oakes

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

David Thomas Oakes,       
Appellant.

Appeal From York County

John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No.  2003-UP-295

Submitted February 20, 2003 - Filed
April 30, 2003

APPEAL DISMISSED

Senior Assistant Appellate Defender Wanda H. Haile, of Columbia;
for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
of Columbia; Solicitor Thomas E. Pope, of York; for Respondent.

PER CURIAM: David Thomas Oakes, Jr. was
convicted of driving under the influence, driving under suspension, and failure
to stop for a blue light.  He was sentenced to concurrent terms of five years
in prison for DUI, three years in prison for failure to stop, and six months
in prison for DUS. (R. 333) Oakes appeals, arguing the trial court erred
in denying his motion to suppress his breathalyzer results because the administration
of the test was not videotaped as required by S.C. Code Ann. § 56-5-2953 (Supp.
2001).  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] Oakes’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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

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