State v. Smith

Court of Appeals of South Carolina

State v. Smith

DecidedJanuary 28, 2010

Docket2010-UP-063

StatusUnpublished

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State v. Smith, (S.C. Ct. App. 2010).

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Opinion

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Unpublished Opinion No. 2010-UP-063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.

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