State v. Gibson ( 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

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The State, Respondent,

v.

Derrick Gibson, Appellant.

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Appeal From Clarendon County
Thomas W. Cooper, Jr., Circuit Court Judge

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Unpublished Opinion No. 2004-UP-621
Submitted December 1, 2004 – Filed December 10, 2004

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APPEAL DISMISSED

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Assistant Appellate Defender Robert M. Pachak, 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 Cecil Kelley Jackson, of Sumter, for Respondent.

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PER CURIAM:  Derrick Gibson pled guilty to three counts of second-degree burglary.  He was sentenced to concurrent ten-year sentences on the three charges, with credit for time served.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Gibson’s counsel attached a petition to be relieved.  Appellant did not file a pro se response.   

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 this appeal and grant counsel’s petition to be relieved.   

APPEAL DISMISSED.

HUFF, KITTREDGE, and BEATTY, JJ., concur.