State v. Wilson

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.

Jeremy Wilson, Appellant.

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Appeal from Orangeburg County
James C. Williams, Jr., Circuit Court Judge

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Unpublished Opinion No. 2007-UP-469
Submitted October 1, 2007 – Filed October 11, 2007   

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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 David M. Pascoe, Jr., of Summerville, for Respondent.

PER CURIAM: Jeremy Wilson was convicted of distribution of crack-cocaine and distribution of crack-cocaine within proximity of a playground.  He received two concurrent ten year sentences.  On appeal, Wilson argues the trial judge erred in replacing a juror for alleged misconduct.  Wilson’s counsel attached a petition to be relieved, stating she reviewed the record and concluded this appeal lacks merit.  Wilson also submitted a pro se response brief reiterating counsel’s argument and additionally asserting the trial judge erred “by not dismissing State’s witness due to lack of credibility.”  Pursuant to Anders v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), after a thorough review of the record, counsel’s brief, and Wilson’s pro se brief, we dismiss the appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

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

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