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2008-UP-554 - State v. Prather

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.

James Prather, Appellant.


Appeal From Aiken County
 Doyet A. Early, III, Circuit Court Judge


Unpublished Opinion No. 2008-UP-554
Submitted October 1, 2008 – Filed October 9, 2008   


APPEAL DISMISSED


Appellate Defender LaNelle C. 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 Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM: James Prather appeals his convictions and sentences for trafficking cocaine and possession with intent to distribute cocaine within the proximity of a public park.  On appeal, Prather argues the trial court erred in denying his motion to suppress evidence obtained through an unlawful search.  Prather also asserts a similar pro se argument.  After a thorough review of the record, counsel’s brief, and Prather’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] Prather’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

ANDERSON, WILLIAMS, and KONDUROS, JJ., concur.


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