State v. Winston

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.

Joey Winston, Appellant.

Appeal From Beaufort County

 Perry M. Buckner, Circuit Court Judge

Unpublished Opinion No. 2009-UP-350

Submitted May 1, 2009 – Filed June 23,
2009   

APPEAL DISMISSED

Appellate Defender Elizabeth A. Franklin-Best, 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 I. McDuffie Stone, III, of Beaufort, for Respondent.

PER CURIAM:  Joey
Winston appeals his guilty pleas and sentences for unlawful possession of a
weapon, resisting arrest, and simple assault and battery, arguing the plea
court abused its discretion during sentencing because Winston offered
significant mitigation.  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.

HEARN, C.J., THOMAS, and KONDUROS, JJ.,
concur.

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