State v. Jenkins ( 2004 )

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

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

James Jenkins, Appellant.

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Appeal From Aiken County
John W. Kittredge, Circuit Court Judge

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Unpublished Opinion No. 2004-UP-281
Submitted February 20, 2004 – Filed April 27, 2004

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APPEAL DISMISSED

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Chief Appellate Defender Daniel T. Stacey, 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 Barbara R. Morgan, of Aiken, for Respondent.

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PER CURIAM:  James Jenkins was convicted of driving under the influence and sentenced to five years imprisonment, suspended on service of two years imprisonment and four years probation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Jenkins’ counsel attached a petition to be relieved.  Jenkins did not file a pro se response.

After 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 dismiss Jenkins’ appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, ANDERSON, and HOWARD, JJ., concurring.

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[1] Because oral argument would not aid the Court in resolving any issue on appeal, we decide this case without oral argument pursuant to Rule 215 and 220(b)(2), SCACR.