McCombs v. State ( 2003 )

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

John Leroy McCombs, Appellant,

v.

State of SC, Respondent.

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Appeal From Dorchester County
Diane Schafer Goodstein, Circuit Court Judge

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Unpublished Opinion No.  2003-UP-720
Submitted September 17, 2003 – Filed December 15, 2003

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APPEAL DISMISSED

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Deputy Chief Attorney, Joseph L. Savitz, III, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMasters, Chief Deputy Attorney General John W. McIntosh and Assistant Attorney General Elizabeth McMahon, all of Columbia, for Respondent.

PER CURIAM:  Appellant, John Leroy McCombs, filed several petitions for writ of habeas corpus in the circuit court.  A hearing was held on the matter, at which time McCombs raised three separate grounds for his entitlement to relief.  The circuit court found that one of the issues raised by McCombs was a matter which could have been raised in a post-conviction relief action.  The court therefore determined the matter was not appropriate for the circuit court.  As to the other two issues, the circuit court found no merit to his claims and denied McCombs relief.  Appellate counsel attached a petition to be relieved as counsel to the final brief, stating he had reviewed the record and concluded the appeal lacked merit.  We dismiss pursuant to Anders v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991).  Counsel’s petition to be relieved is granted.

APPEAL DISMISSED. 

HUFF, STILWELL, and BEATTY, JJ., concur.