State v. Sowells

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.

James Sowells, Appellant.

Appeal From Dillon County

Howard P. King, Circuit Court Judge

Unpublished Opinion No.2009-UP-435

Submitted September 1, 2009 – Filed
September 10, 2009   

APPEAL DISMISSED

Appellate Defender Robert M. Pachak, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
all of Columbia; and Solicitor Jay E. Hodge, Jr., of Cheraw, for Respondent.

PER CURIAM:  James Sowells appeals his guilty plea and sentence for
two counts of possession of crack cocaine, three counts of distribution of
crack cocaine, and three counts of distribution of crack cocaine within
proximity to a school.  Sowells argues the trial court erred in imposing a
longer sentence than the one offered by the State in a withdrawn plea deal.  Sowells
also argues pro se, that the trial court erred in allowing him to plead guilty
"without the Brady material."[1]  After a thorough
review of the record, counsel's brief, and Sowells's pro se 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.[2]

APPEAL DISMISSED. 

HUFF, THOMAS, and PIEPER,
JJ., concur.

[1] Brady v. Maryland, 373 U.S. 83 (1963).

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