State v. Samuels ( 2003 )

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Wayne V. Samuels, Appellant,

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Appeal From Horry County
J. Michael Baxley, Circuit Court Judge

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Unpublished Opinion No. 2003-UP-622
Submitted August 20, 2003 – Filed October 21, 2003  

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APPEAL DISMISSED

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Assistant Appellate Defender Aileen P. Clare, 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 J. Gregory Hembree, of Conway; for Respondent.

PER CURIAM:  Wayne V. Samuels appeals his conviction for first-degree burglary, possession of a weapon during the commission of a violent crime, and four counts each of kidnapping and armed robbery, arguing the lower court erred in admitting evidence seized pursuant to a search warrant supported by a false affidavit.  Samuel’s counsel attached to the brief a petition to be relieved as counsel, stating that she had reviewed the record and concluded this appeal lacks merit.  Samuel filed a separate pro se brief arguing the lower court did not have subject matter jurisdiction because of faulty indictments.  After a thorough review of the record, Samuel’s pro se brief, 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] Samuels’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., CONNOR and ANDERSON, JJ., concur.

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