State v. Sprouse

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.

John Earl
Sprouse, Appellant.

Appeal From Union County

Larry B. Hyman, Jr., Circuit Court Judge

Unpublished Opinion No. 2010-UP-447

Submitted October 1, 2010 – Filed October
14, 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 Kevin S. Brackett, of York, for
Respondent.

PER CURIAM: John Earl Sprouse appeals his plea to assault and
battery of a high and aggravated nature, arguing the plea court erred in
accepting his nolo contendre plea because Sprouse failed to state
on the record that he did not wish to contest the State's allegations against
him.  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 petition to be relieved.[1]

APPEAL DISMISSED.

FEW, C.J., HUFF
and GEATHERS, JJ., concur.

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