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2004-UP-024 - State v. Foster

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Leonard Lee Foster,        Appellant.


Appeal From Cherokee County
Gary E. Clary, Circuit Court Judge


Unpublished Opinion No. 2004-UP-024
Submitted November 19, 2003 – Filed January 15, 2004


APPEAL DISMISSED


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 Charles H. Richardson, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Leonard Lee Foster pled guilty to driving after having been declared a habitual offender and was convicted by a jury of felony driving under the influence causing death and reckless driving.  The trial court sentenced him to consecutive terms of imprisonment of five years, twenty-five years, and ten years respectively, with credit for time served.  Foster’s counsel attached to the final brief a petition to be relieved as counsel stating she had reviewed the record and concluded the appeal lacked merit.  Foster filed a pro se response.

We dismiss 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 hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss Foster’s appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

HUFF, STILWELL, and BEATTY, JJ., concur.