State v. Erving

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.

Anthony Tony Erving, Appellant.

Appeal From Lexington County

James R. Barber, III, Circuit Court Judge

Unpublished Opinion No. 2010-UP-438

Submitted October 1, 2010 – Filed October
11, 2010

APPEAL DISMISSED

Deputy Chief Appellate Defender Wanda H. Carter, 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 Donald V. Myers, of Lexington, for
Respondent.

PER CURIAM: Anthony Tony Erving appeals his conviction for assault
on a correctional employee and respective sentence of four years' imprisonment,
arguing the trial court abused its discretion in sentencing him based on
arbitrary and improper reasons.  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.

SHORT, THOMAS, and LOCKEMY, JJ., concur.

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