State v. Gray

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.

Noel Gray, Appellant.

Appeal From Aiken County

 Jackson V. Gregory, Circuit Court Judge

Unpublished Opinion No. 2008-UP-040

Submitted January 2, 2008 – Filed January
11, 2008

APPEAL DISMISSED

Eleanor Duffy Cleary, South Carolina Commission on Indigent
Defense,  Division of Appellate Defense, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
of Columbia; Solicitor Barbara R. Morgan, Second Judicial Circuit, of Aiken,
for Respondent.

PER CURIAM:  Gray appeals his life sentence without parole for two counts of
second degree criminal sexual conduct with a minor.  On appeal Gray alleges the
trial judge erred by allowing a prior, out-of-state charge for aggravated child
molestation to be classified as a most serious offense in South Carolina.  After a thorough review of the record, counsel’s
brief, and Gray’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[1] Gray’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

ANDERSON, SHORT AND WILLIAMS, JJ., CONCUR

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