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2004-UP-133 - State v. McCluney

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Curtis Miles McCluney,        Appellant.


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


Unpublished Opinion No. 2004-UP-133
Submitted December 23, 2003 – Filed February 26, 2004


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, 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:  Curtis Miles McCluney was convicted of armed robbery and assault and battery with intent to kill.  The circuit court sentenced him to life imprisonment on each charge, with the sentences to run consecutively.  Pursuant to Anders v. California, 386 U.S. 738 (1967), McCluney’s counsel attached a petition to be relieved.  McCluney 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 McCluney’s appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and KITTREDGE, 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.