State v. Kelley ( 2005 )

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.

Emmet Tyrone Kelley, Appellant.

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Appeal From Saluda County
William P. Keesley, Circuit Court Judge

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Unpublished Opinion No.  2005-UP-076
Submitted February 1, 2005 – Filed February 4, 2005

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APPEAL DISMISSED

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Assistant Appellate Defender Eleanor Duffy Cleary, 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 Donald V. Myers, of Lexington, for Respondent.

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PER CURIAM:  Emmet Tyrone Kelley was convicted for armed robbery and possession of a weapon during the commission of a violent crime.  He received concurrent sentences of twenty years in prison on the armed robbery charge and five years in prison on the charge of possession of a firearm during the commission of a violent crime.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Kelley’s counsel attached a petition to be relieved.  Appellant did not file a pro se response and the State did not file a respondent’s brief.   

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.

HEARN, C.J., KITTREDGE and WILLIAMS, JJ., concur.