State v. Southall

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

The State, Respondent,

v.

Stephen
Southall, Appellant.

Appeal From Colleton County

Carmen T. Mullen, Circuit Court Judge

Unpublished Opinion No. 2008-UP-441

Submitted August 1, 2008 – Filed August 6,
2008   

APPEAL DISMISSED

Appellate Defender Katherine H. Hudgins, of Columbia, 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 Issac McDuffie Stone, III, of Beaufort, for
Respondent.

PER CURIAM:  While on probation, Stephen Southall pled guilty to
two counts of possession with intent to distribute crack cocaine and one count
of distribution of crack cocaine, and was sentenced to concurrent terms of ten
years imprisonment for each offense.  As a result, Southall’s probation was
revoked for one year, to run concurrent with the sentences imposed for his
guilty plea.  Southall argues the trial court erred by considering parole
eligibility when sentencing.  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 Southall’s
appeal and grant counsel’s motion to be relieved.[1]

APPEAL
DISMISSED. 

KONDUROS,
J., CURETON, A.J., and GOOLSBY, A.J., concur.

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