Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Department
2003-UP-295 - State v. Oakes

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

David Thomas Oakes,        Appellant.


Appeal From York County
John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No.� 2003-UP-295
Submitted February 20, 2003 - Filed April 30, 2003


APPEAL DISMISSED


Senior Assistant Appellate Defender Wanda H. Haile, of Columbia; for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, of Columbia; Solicitor Thomas E. Pope, of York; for Respondent.

PER CURIAM: David Thomas Oakes, Jr. was convicted of driving under the influence, driving under suspension, and failure to stop for a blue light.� He was sentenced to concurrent terms of five years in prison for DUI, three years in prison for failure to stop, and six months in prison for DUS. (R. 333) Oakes appeals, arguing the trial court erred in denying his motion to suppress his breathalyzer results because the administration of the test was not videotaped as required by S.C. Code Ann. � 56-5-2953 (Supp. 2001).� 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 [1] Oakes�s appeal and grant counsel�s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., CURETON and GOOLSBY, JJ., concur.


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