State v. Reichard

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.

Larry Joe Reichard,       
Appellant.

Appeal From Pickens County

John W. Kittredge, Circuit Court Judge

Unpublished Opinion No. 2004-UP-206

Submitted January 29, 2004 – Filed March
24, 2004

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, Office of Appellate
Defense, of Columbia, for Appellant.

Attorney General Henry Dargan
McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney
General Charles H. Richardson, all of Columbia, and Solicitor Robert M. Ariail,
of Greenville, for Respondent.

PER CURIAM:  Larry Reichard pled guilty
to 46 counts of breach of trust with fraudulent intent.  He was sentenced to
one term of five years confinement suspended on service of three years confinement
and five years probation; nine consecutive terms, each for two years confinement,
suspended on service of five years probation and a consecutive six months at
the state restitution center; and concurrent terms totaling three years confinement
on the remaining indictments.  Judge Hughston issued a written order for a future
restitution hearing, which was convened in September 2002.  Reichard appeals,
arguing Judge Hughston’s failure to check the “restitution” box on 36 of his
sentencing sheets divested the restitution judge of subject-matter jurisdiction
over those convictions.  On appeal, counsel for Reichard has filed a brief pursuant
to Anders v. California, 386 U.S. 738 (1967), asserting that there were
no meritorious grounds for appeal and requesting permission to withdraw from
further representation.  Reichard has not filed a pro se response. 

After a thorough review of the record pursuant
to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357
(1991), we dismiss the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

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

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