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2004-UP-093 - State v. Hemingway

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Wayne Hemingway, Appellant.


Appeal From Williamsburg County
 Thomas W. Cooper, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-093
Submitted December 23, 2003 – Filed February 13, 2004


APPEAL DISMISSED


Assistant Appellate Defender Tara S. Taggart, Office of Appellate Defense, 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 Cecil Kelley Jackson, of Sumter, for Respondent.


PER CURIAM:  Hemingway was convicted of armed robbery and possession of a weapon during the commission of a crime, and he was sentenced.  On appeal, Hemingway argues that the trial court erred in denying  his motion for directed verdict.  Hemingway’s appellate counsel has petitioned to be relieved as counsel, stating that she has reviewed the record and has concluded Hemingway’s appeal is without merit.  Hemingway has not filed a pro se brief. 

After a thorough review of the record 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 Hemingway’s appeal and grant counsel’s petition to be relieved. [1]    

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, J.J., concur.   


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