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2004-UP-106 - State v. Fortune

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Eugene Fortune,        Appellant.


Appeal From Lee County
Howard P. King, Circuit Court Judge


Unpublished Opinion No. 2004-UP-106
Submitted December 23, 2003 – Filed February 18, 2004


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, 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:  Fortune pled guilty to four counts of distribution of crack cocaine within the proximity of a school.  He was sentenced to ten-years imprisonment on each count, the sentences to run concurrently.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Fortune’s counsel attached a petition to be relieved as counsel.  Fortune did not file a pro se response.

After 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 dismiss Fortune’s appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and KITTRIDGE, JJ., concurring.


[1] Because oral argument would not aid the Court in resolving any issue on appeal, we decide this case without oral argument pursuant to Rule 215 and 220(b)(2), SCACR.