State v, Toomer

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.

Phillip Toomer, Appellant.

Appeal From Bamberg County

Edgar W. Dickson, Circuit Court Judge

Unpublished Opinion No. 2012-UP-205

Submitted March 1, 2012 – Filed March 28,
2012

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, of
Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley
W. Elliott, all of Columbia; and Solicitor J. Strom Thurmond, Jr., of Aiken,
for Respondent.

PER CURIAM:  Phillip
Toomer appeals his conviction for second-degree criminal sexual conduct with a
minor, arguing the trial
judge erred in refusing to hear any
mitigating evidence before imposing the maximum sentence.  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.

WILLIAMS,
THOMAS, and LOCKEMY, JJ., concur.

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