State v. Floyd

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.

Donald Roy
Floyd, Appellant.

Appeal From York County

John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2008-UP-666

Submitted December 1, 2008 – Filed
December 8, 2008   

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, of
Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for
Respondent.

PER CURIAM: Donald Floyd pled guilty to possessing
cocaine, first offense; was given a conditional discharge; and was required to
comply with the conditions of probation for one year.  Thereafter, Floyd’s
conditional sentence was revoked by the trial court, and Floyd was sentenced to
two years’ imprisonment.  Floyd appeals, arguing the trial court abused its
discretion by sentencing him to two years without allowing him to enter a plea
and adjudicate his guilt.  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.

HEARN, C.J., SHORT and
KONDUROS, JJ., concur. 

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