State v. Byrd

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

State, Respondent,

v.

Perry L. Byrd, Appellant.

Appeal From Union County

Lee S. Alford, Circuit Court Judge

Unpublished Opinion No.  2008-UP-362

Submitted July 1, 2008 – Filed July 11,
2008

APPEAL DISMISSED

Appellate Defender Lanelle C. Durant, South Carolina Commission on
Indigent Defense, Division of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
Office of the Attorney General, all of Columbia, and Solicitor Kevin S.
Brackett, of York, for Respondent.

PER CURIAM:  Perry L. Byrd pled guilty to two counts of
distribution of crack cocaine within the proximity of a school, public park, or
public playground, and two counts of distribution of crack cocaine, second
offense.  He received concurrent sentences of eighteen years for each
distribution of crack cocaine, second offense charge, and concurrent sentences
of fifteen years for the remaining distribution charges.  Byrd appeals his
guilty plea, arguing the trial court erred by accepting his guilty plea because
the State failed to introduce the drug analysis proving the substances were
crack cocaine. 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 Mathis’s appeal and grant counsel’s motion to be relieved. [1]

APPEAL
DISMISSED. 

HEARN,
C.J., CURETON and GOOLSBY, A.J.J. concur.

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