State v. Alston ( 2004 )

THIS OPINION HAS NO PRECEDENTAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDINGING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Warren A. Alston, Appellant.

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Appeal From Horry County
Steven H. John, Circuit Court Judge

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Unpublished Opinion No. 2004-UP-141
Submitted December 23, 2003 – Filed March 1, 2004

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APPEAL DISMISSED

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Assistant Appellate Defender Tara S. Taggart, Office of Appellate Defense, of Columbia, for Appellant

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor John Gregory Hembree, of Conway, for Respondent.

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PER CURIAM:  Alston was convicted of armed robbery, and he was sentenced.  On appeal, Alston argues that the trial court erred in denying his motion for dismissal of the case based on prosecutorial misconduct.  Alston’s appellate counsel has petitioned to be relieved as counsel, stating that she has reviewed the record and has concluded Alston’s appeal is without merit.  Alston has not filed a pro se brief. 

After a thorough review of the record 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 hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss Alston’s appeal and grant counsel’s petition to be relieved. [1]    

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.  

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