State v. Diggs ( 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.

Sammy Brian Diggs, Appellant.

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Appeal From Oconee County
Alexander S. Macaulay, Circuit Court Judge

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Unpublished Opinion No. 2004-UP-417
Submitted April 21, 2004 – Filed June 25, 2004

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APPEAL DISMISSED

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Assistant Appellant 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 Salley W. Elliott, all of Columbia; and Solicitor Druanne D. White, of Anderson, for Respondent.

PER CURIAM:  Sammy Brian Diggs was indicted for and pled guilty to felony driving under the influence resulting in death. Diggs’ appellate counsel submitted a petition to be relieved as counsel, stating she reviewed the record and concluded Diggs’ appeal is without merit.  Diggs did not file 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 Diggs’ 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.