State v. Smalls ( 2004 )

PER CURIAM: Robert McKoy waived presentment on an indictment for possession of a stolen vehicle, pled guilty, and was sentenc

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.

Steven Smalls Appellant.

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Appeal From Cherokee County
Henry F. Floyd, Circuit Court Judge

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Unpublished Opinion No. 2004-UP-315
Submitted March 19, 2004 – Filed May 13, 2004

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APPEAL DISMISSED

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Assistant Appellant Defender Tara S. Taggart, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Warren B. Giese, of Columbia, for Respondent.

PER CURIAM:  Steven Smalls was indicted for and subsequently found guilty of armed robbery.  Smalls’ appellate counsel submitted a petition to be relieved as counsel, stating he has reviewed the record and has concluded Smalls’ appeal is without merit.  Smalls filed a pro se brief with the court.

After a review of the record as required by 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 Smalls’ appeal and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED.

GOOLSBY, HOWARD and BEATTY, JJ., concur.

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