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2004-UP-137 - State v. Drayton

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.

Andrew Drayton,        Appellant.


Appeal From Charleston County
Deadra L. Jefferson, Circuit Court Judge


Unpublished Opinion No. 2004-UP-137
Submitted December 23, 2003 – Filed February 27, 2004


APPEAL DISMISSED


Assistant Appellate Defender Tara S. Taggart, 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 Ralph E. Hoisington, of Charleston, for Respondent.


PER CURIAM:  A grand jury indicted Andrew Drayton for possession of cocaine with intent to distribute, possession of cocaine with intent to distribute within the proximity of a school, and resisting arrest.  Drayton was convicted of possession of cocaine with intent to distribute and resisting arrest and sentenced to fifteen-years imprisonment for possession of cocaine with intent to distribute and six-months imprisonment for resisting arrest.  Furthermore, the circuit court revoked two years of an unrelated-probationary sentence, all of the sentences to run concurrently.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Drayton’s counsel attached a petition to be relieved.  Drayton filed 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 Drayton’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.