DocketNumber： 2003-UP-564
Filed Date： 9/29/2003
Status： Non-Precedential
Modified Date： 10/11/2024
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State, Respondent,
v.
Willie Young, III, Appellant.
Appeal From Orangeburg County
James C. Williams, Jr., Circuit Court
Judge
Unpublished Opinion No. 2003-UP-564
Submitted July 15, 2003 Filed September 29, 2003
APPEAL DISMISSED
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 Charles H. Richardson, Office of the Attorney General, of Columbia, Walter M. Bailey, Jr., First Circuit Solicitor's Office, of Summerville, for Respondent.
PER CURIAM: On August 23, 2002, an Orangeburg County jury found Willie Young guilty of armed robbery but not guilty for possession of a weapon during the commission of a violent crime. Young appeals his conviction, arguing the trial court should have set aside his conviction because the guilty verdict for armed robbery was inconsistent with the not guilty verdict for possession of a weapon. Pursuant to Anders v. California, 386 U.S. 738 (1967), Youngs counsel attached a petition to be relieved, stating he reviewed the record and concluded this appeal lacks merit. Young filed a separate pro se brief, arguing the following four issues: (1) the trial court erred in refusing to direct a verdict where a material variance existed between the evidence offered at the trial and the allegations presented in the indictment; (2) the trial judge lacked subject matter jurisdiction; (3) the evidence was insufficient to sustain the conviction for armed robbery; and (4) the trial court was prejudicial to him by refusing to set aside the armed robbery conviction when a material variance existed. Youngs counsel attached to the brief a petition to be relieved as counsel, stating he had reviewed the record and concluded Youngs appeal lacks merit. After a thorough review of the record and counsels brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss [1] Youngs appeal and grant counsels motion to be relieved.
APPEAL DISMISSED.
HEARN, C.J., CONNOR and ANDERSON, JJ., concur.
[1] We decide this case without oral argument pursuant to Rule 215, SCACR.