DocketNumber： 2003-UP-250
Filed Date： 4/3/2003
Status： Non-Precedential
Modified Date： 10/11/2024
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Unpublished Opinion No. 2003-UP-250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, counsels brief, and Simmonss 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] Simmonss appeal and grant counsels 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.