State v. Mundy

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.

John Cecil
Mundy, Appellant.

Appeal From Aiken County

 J. Michelle Childs, Circuit Court Judge

Unpublished Opinion No. 2009-UP-311

Submitted May 1, 2009 – Filed June 11,
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; Solicitor Barbara R Morgan, of Aiken, for Respondent.

PER CURIAM:  John Cecil
Mundy appeals his guilty plea and sentence to criminal sexual conduct with a
minor, second-degree, arguing the plea judge abused her discretion by
sentencing him to the maximum sentence because by pleading guilty, he allowed
the victim the opportunity to avoid a trial.  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.