State v. Astudillo ( 2007 )

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.

Alfredo S. Astudillo, Appellant.

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Appeal From Greenville County
Wyatt T. Saunders, Jr., Circuit Court Judge

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Unpublished Opinion No.  2007-UP-298
Submitted June 1, 2007 – Filed June 8, 2007

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APPEAL DISMISSED

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Assistant Appellate Defender Aileen P. Clare, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Alfredo Astudillo was convicted of second- degree criminal sexual conduct with a minor.  He was sentenced to fifteen years confinement, suspended on service of eight years and five years probation.  Astudillo’s appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967).  Counsel additionally submitted a petition to be relieved from representation, asserting there are no direct appeal issues of arguable merit. Astudillo has not filed a pro se response with the Court.

After a review of the record pursuant to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and grant counsel’s petition to be relieved.[1]

APPEAL DISMISSED.

ANDERSON, HUFF, and BEATTY, JJ., concur.

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[1] We decide this case without oral argument pursuant to Rule 215, SCACR.