State v. Johnson ( 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.

Roger Dale Johnson Appellant.

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Appeal From Spartanburg County
Larry R. Patterson, Circuit Court Judge

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Unpublished Opinion No. 2004-UP-388
Submitted April 21, 2004 – Filed June 18, 2004

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APPEAL DISMISSED

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Assistant Appellant Defender Robert M. Pachak, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Roger Dale Johnson was indicted for and subsequently found guilty driving of under the influence.  Johnson’s appellate counsel submitted a petition to be relieved as counsel, stating he has reviewed the record and has concluded Johnson’s appeal is without merit. Johnson 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 Johnson’s 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.