State v. Walter Simmons

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.,

Walter Lee
Simmons, Appellant.

Appeal From Charleston County

Thomas W. Cooper, Jr., Circuit Court
Judge

Unpublished Opinion No. 2010-UP-165

Submitted January 4, 2010 – Filed February
24, 2010   

APPEAL DISMISSED

Appellate Defender M. Celia Robinson, 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 Scarlett Anne Wilson, of Charleston,
for Respondent.

PER CURIAM:  Walter Lee Simmons appeals his guilty pleas
to distribution of crack cocaine and distribution of crack cocaine within the
proximity of a school, arguing the trial
court erred in accepting his guilty plea to a charge for which he was not
indicted and in permitting the prosecution to amend the indictment after
Simmons's guilty plea was accepted and his sentence imposed.  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
LOCKEMY, JJ., concur.

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