State v. Williams

12848-O

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 of South Carolina, Respondent,

v.

Delvinche Keon Williams, Appellant.

Appeal From York County

 John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2004-UP-458

Submitted July 7, 2004 – Filed August 26, 2004   

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, 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, for Respondents.

PER CURIAM:  Delvinche Keon Williams pled guilty to possession of marijuana
with intent to distribute second offense, failure to stop for a blue light,
and driving under suspension.  The trial court sentenced Williams to seven years
on the possession charge, to run concurrent with a Youthful Offender Act parole
revocation sentence.  Williams also received a concurrent sentence of three
years for failure to stop for a blue light and a suspended sentence of thirty
days for driving under suspension.  Williams appeals arguing that under the
facts of his case, a seven-year prison term for possession of marijuana constitutes
cruel and unusual punishment.  Williams’s counsel attached to the brief
a petition to be relieved as counsel, stating that she had reviewed the record
and concluded this appeal lacks merit.  Williams did not file a pro se
response.  After a thorough review of the record 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] the
appeal and grant counsel’s petition to be relieved. 

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.

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