State v. Southerland

PER CURIAM: Robert McKoy waived presentment on an indictment for possession of a stolen vehicle, pled guilty, and was sentenc

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.

Desmond Jay Southerland, Appellant.

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Appeal From Greenville County
Charles B. Simmons, Jr., Special Circuit Court Judge

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Unpublished Opinion No. 2004-UP-353
Submitted March 19, 2004 – Filed May 27, 2004

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APPEAL DISMISSED

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Senior Assistant Appellant Defender Wanda P. Hagler,

Office of Appellate Defense, 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:  Desmond Jay Southerland was indicted of and subsequently pled guilty to possession of marijuana with intent to distribute.  Southerland’s appellate counsel submitted a petition to be relieved as counsel, stating she has reviewed the record and has concluded Southerland’s appeal is without merit.  Southerland did not file a pro se brief with the court.

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 Southerland’s appeal and grant counsel’s motion 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.