State v. Morgan

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.

Michael J. Morgan,       
Appellant.

Appeal From Horry County

James R. Barber, Circuit Court Judge

Unpublished Opinion No.  2004-UP-511

Submitted October 1, 2004 – Filed October
13, 2004

APPEAL DISMISSED

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

Attorney General Henry D. McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
all of Columbia; and Solicitor John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Michael J. Morgan
appeals his conviction for second-degree burglary and two counts of forgery,
arguing his sentence of ten years imprisonment, suspended on service of five
years confinement and two years probation, is so disproportionate to the offense
it amounts to unconstitutional cruel and unusual punishment.  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 Douglas’s appeal under Rule 220(b)(2), SCACR, and grant
counsel’s motion to be relieved. [1]

APPEAL DISMISSED.

GOOLSBY, ANDERSON and WILLIAMS, JJ.,
concur.

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