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2004-UP-117 - State v. Simpson
THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Jasper Simpson,        Appellant.


Appeal From Orangeburg County
Edward B. Cottingham, Circuit Court Judge


Unpublished Opinion No. 2004-UP-117
Submitted November 19, 2003 – Filed February 25, 2004
Withdrawn, Substituted and Re-filed April 9, 2004


APPEAL DISMISSED


Senior Assistant Appellate Defender Wanda  P. Hagler, of Columbia, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, of Columbia, and Solicitor Walter M. Bailey, Jr, of Summerville, for Respondent.

PER CURIAM: Jasper Simpson was convicted of armed robbery and of assault and battery with intent to kill. He appeals his conviction, arguing that the prosecutor exercised three peremptory challenges in a discriminatory manner during the jury selection process. Counsel for Simpson attached to the final brief a petition to be relieved as counsel. Simpson attached a separate pro se response. 

After a review of the record as required by 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 Simpson’s appeal and grant the counsel’s petition to be relieved.

APPEAL DISMISSED.

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