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2004-UP-043 - State v. Ellison

In The Court of Appeals


Henry F. Floyd, Circuit Court Judge


Submitted November 19, 2003 – Filed January 21, 2004



<PER CURIAM: Scott Ellison was indicted for first degree burglary by the Chesterfield Grand Jury and kidnapping, first degree criminal sexual conduct, and failure to return a rented vehicle valued at more than $5000.00 by the Richland County Grand Jury.  He was tried on all charges together in Richland County.  During the trial, the court reduced the charge for failure to return a rented vehicle to one valued at less than $1000.00, finding the State failed to produce evidence of the vehicles value.  The jury convicted Ellison of all charges.  The trial court sentenced Ellison to consecutive sentences of thirty years each for kidnapping and criminal sexual conduct and fifteen years for burglary, with credit for time served.  It imposed a concurrent sentence of thirty days for failure to return a rented vehicle.  Ellison’s counsel attached to the final brief a petition to be relieved as counsel stating he had reviewed the record and concluded the appeal lacked merit.  Ellison did not file a pro se response.

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 Ellison’s appeal and grant counsel’s petition to be relieved.