THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Kenneth M. Simmons,        Appellant.


Appeal From Dorchester County
Perry M. Buckner, Circuit Court Judge


Unpublished Opinion No. 2003-UP-250
Submitted January 29, 2003 – Filed April 3, 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 Walter M. Bailey, Jr., of Summerville; for Respondent.

PER CURIAM: Kenneth Simmons was convicted of second degree criminal sexual conduct and sentenced to twenty years suspended on the service of fifteen years incarceration and five years probation.  On appeal, counsel for Simmons argues the trial judge erred by refusing to allow a defense witness to present corroborating impeachment testimony at trial.  Simmons filed a separate pro se brief arguing (1) the trial judge erred by refusing to admit testimony to impeach the victim about her prior sexual experience; (2) the trial judge erred by allowing the State to introduce inadmissible hearsay testimony; and (3) his sentence is in violation of the South Carolina Constitution.  After a thorough review of the record, counsel’s brief, and Simmons’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] Simmons’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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


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