State v. Morris ( 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.

Anthony Lamont Morris, Appellant.

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Appeal From Greenville County
John C. Few, Circuit Court Judge

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Unpublished Opinion No. 2004-UP-373
Submitted April 21, 2004 – Filed June 17, 2004

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APPEAL DISMISSED

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Chief Attorney Daniel T. Stacey, 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 Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Anthony Lamont Morris appeals his conviction for trafficking in cocaine.  Morris’s appellate counsel has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Morris’s appeal is without legal merit sufficient to warrant a new trial.  The issue briefed by counsel concerns whether the trial court erred in refusing to submit a lesser-included offense to the jury.  Morris has filed a brief on his own behalf alleging, in addition to the issue briefed by counsel, evidentiary errors and defects in subject matter jurisdiction.

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 in this case that are arguable on their merits.  Accordingly, we dismiss Morris’s appeal and grant counsel’s petition 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.