State v. Simmons

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Kenneth M. Simmons,       
Appellant.

Appeal From Dorchester County

Perry M. Buckner, Circuit Court Judge

Unpublished Opinion No. 2003-UP-250

Submitted January 29, 2003 – Filed April
3, 2003  

APPEAL DISMISSED

Senior Assistant Appellate Defender Wanda H. Haile, of Columbia;
for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
of Columbia; Solicitor Walter M. Bailey, Jr., of Summerville; for Respondent.

PER CURIAM: Kenneth Simmons was convicted
of second degree criminal sexual conduct and sentenced to twenty years suspended
on the service of fifteen years incarceration and five years probation.  On
appeal, counsel for Simmons argues the trial judge erred by refusing to allow
a defense witness to present corroborating impeachment testimony at trial. 
Simmons filed a separate pro se brief arguing (1) the trial judge erred
by refusing to admit testimony to impeach the victim about her prior sexual
experience; (2) the trial judge erred by allowing the State to introduce inadmissible
hearsay testimony; and (3) his sentence is in violation of the South Carolina
Constitution.  After a thorough review of the record, counsel’s brief, and Simmons’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 [1] Simmons’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., GOOLSBY and SHULER, JJ., concur.

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