State v. Sutton

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Rita Nicole Sutton,       
Appellant.

Appeal From York County

John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2004-UP-109

Submitted December 23, 2003 – Filed
February 18, 2004

APPEAL DISMISSED

Assistant Appellate Defender Tara S. Taggart, of Columbia;
for Appellant.

Teresa A. Knox, Tommy Evans, Jr., J. Benjamin Aplin, all of
Columbia; for Respondent.

PER CURIAM:  Rita Nicole Sutton
pled guilty to driving under the influence, second offense, failure to stop
for a blue light, possession of crack cocaine, and resisting arrest. The circuit
court sentenced her to: one-year imprisonment and payment of a $5,000 fine for
driving under the influence, suspended on service of ninety-days imprisonment,
probation of five years, and payment of a $1,000 fine; one-year imprisonment
for failure to stop for a blue light, suspended on service of ninety-days imprisonment
and probation of five years; five-years imprisonment and payment of a $5,000
fine for possession of crack cocaine, suspended on service of five-years probation,
and one-year imprisonment and payment of a $1,000 fine for resisting arrest,
suspended on service of five-years probation.  The sentences were to run concurrently. 
Subsequently, Sutton was arrested for noncompliance with the terms of her probation,
and the circuit court revoked her probation, imposing the remainder of her suspended
sentence.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Sutton’s
counsel attached a petition to be relieved.  Sutton did not file a pro se response.

After review of the record 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 Sutton’s appeal and grant counsel’s petition
to be relieved.

APPEAL DISMISSED.
[1]

GOOLSBY, HOWARD, and KITTREDGE,
JJ., concurring.

[1] Because oral argument would not aid the Court in resolving any issue
on appeal, we decide this case without oral argument pursuant to Rule 215
and 220(b)(2), SCACR.