State v. Cherry

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.

Terrell Deon
Cherry, Appellant.

Appeal From York County

 Lee S. Alford, Circuit Court Judge

Unpublished Opinion No. 2007-UP-378

Submitted September 14, 2007 – Filed
September 18, 2007

APPEAL DISMISSED

Appellate Defender Aileen P. Clare, 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 Scott
Brackett, of York, for Respondent.

PER CURIAM:  Cherry pled guilty to distribution of crack cocaine,
distribution of crack cocaine within proximity of a public school, possession
of cocaine, possession of ecstasy, possession of crack cocaine with intent to
distribute, and possession of crack cocaine with intent to distribute within
proximity of a public school. As a result of a negotiated plea agreement, he
received concurrent sentences totaling ten years.  Cherry’s counsel maintains
that the ten-year sentence was disproportionate under the circumstances. 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 Cherry’s appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

HEARN, C.J., and HUFF and KITTREDGE, JJ., concur.

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