State v. Fewell

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Johnny Ray
Fewell, #2, Appellant.

Appeal From York County

 John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No.  2007-UP-458

Submitted October 1, 2007 – Filed October
11, 2007

APPEAL DISMISSED

Appellate Defender Robert M. Dudek, South Carolina Commission, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Salley W.
Elliott, all of the Office of the Attorney General, of Columbia; and Solicitor
Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: Johnny
Ray Fewell was convicted of distribution of crack cocaine and distribution of
crack cocaine within the proximity of a public park or playground.  The trial
judge sentenced him to fifteen years imprisonment for distribution of crack
cocaine, and imposed a fifteen year sentence, suspended upon five years probation,
consecutive, for distribution within the proximity of a park. On appeal, Fewell
argues the trial judge erred in admitting prior statements of a witness made to
the police because they were hearsay and prejudicial.  Fewell did not file a pro se brief.  After a thorough review of the record and counsel’s brief
pursuant to Anders v. California, 386 U.S. 738 (1969), 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.[1]

APPEAL
DISMISSED.        

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

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