State v. Smith

THIS OPINION
HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Jerrard A. Smith, Appellant.

Appeal From Charleston County

 R. Markley Dennis, Jr., Circuit Court
Judge

Unpublished Opinion No. 2010-UP-063

Submitted January 4, 2010 – Filed January
28, 2010   

APPEAL DISMISSED

Appellate Defender LaNelle DuRant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  Jerrard Smith appeals his twenty-three-year
sentence, arguing it violates the constitutional prohibition against cruel and
unusual punishment.  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 the appeal and
grant counsel's motion to be relieved.[1]

APPEAL
DISMISSED.

SHORT, THOMAS,
and KONDUROS, JJ., concur.

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