State v. Rice

• Decision Date: 08 October 2009
• Docket Number: 2009-UP-454
• Parties: The State, Respondent, v. Douglas Lamont Rice, Appellant.
• Court: South Carolina Court of Appeals

The State, Respondent, v. Douglas Lamont Rice, Appellant.

No. 2009-UP-454

Court of Appeals of South Carolina

October 8, 2009

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.

Submitted October 1, 2009.

Appeal From Anderson County J. Cordell Maddox, Jr., Circuit Court Judge

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; Solicitor Christina Theos Adams, of Anderson, for Respondent.

PER CURIAM

Douglas Lamont Rice appeals his conviction for trafficking in cocaine, arguing the trial judge erred in (1) proceeding in absentia when the State failed to produce evidence Rice had been given notice of his trial date, and (2) failing to declare a mistrial after the prosecutor improperly commented on Rice's right to remain silent. 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., Konduros, and Lockemy, JJ., concur.

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Notes:

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

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