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.

Tocara N.
Smith, Appellant.

Appeal From Charleston County

R. Markley Dennis, Jr., Circuit Court
Judge

Unpublished Opinion No.  2010-UP-488 

Submitted November 1, 2010 – Filed
November 4, 2010

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, 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 Columbia; and Solicitor Scarlett Anne Wilson, of
Charleston, for Respondent.

PER CURIAM: Tocara N. Smith appeals her concurrent
sentences of twenty-three years' imprisonment for first-degree, burglary, five
years' imprisonment for involuntary manslaughter, and five years' imprisonment
for grand larceny.  On appeal, Smith argues the plea court erred by sentencing
her in excess of the statutory maximum for involuntary manslaughter.  After a
thorough review of the record, counsel's brief, and Smith'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 the appeal and
grant counsel's motion to be relieved.[1]

APPEAL
DISMISSED.

THOMAS,
PIEPER, and GEATHERS, JJ., concur. 

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