State v. Smith

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.

Jerry Jerome
Smith, Appellant.

Appeal From Charleston County

R. Markley Dennis, Jr., Circuit Court
Judge

Unpublished Opinion No. 2010-UP-389

Submitted August 2, 2010 – Filed August
25, 2010

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, 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; and Solicitor Scarlett Anne Wilson, of Charleston,
for Respondent.

PER CURIAM:  Jerry
Jerome Smith appeals his concurrent sentences of twenty-three years' imprisonment
for first-degree burglary, five years' imprisonment for involuntary
manslaughter, and five years' imprisonment for grand larceny.  On appeal, Smith
argues the plea court erred by sentencing him in excess of the statutory
maximum for involuntary manslaughter.  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.

FEW, C.J., KONDUROS and LOCKEMY, JJ., concur.

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