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2004-UP-143 - State v. Mims

THIS OPINION HAS NO PRECEDENTAL 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.

Nathaniel A. Mims,        Appellant.


Appeal From Beaufort County
Perry M. Buckner, Circuit Court Judge


Unpublished Opinion No.  2004-UP-143
Submitted December 23, 2003 – Filed March 1, 2004


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, all of Columbia;  and Solicitor Randolph  Murdaugh, III, of Hampton, for Respondent.


PER CURIAM:  Nathaniel A. Mims was convicted of trafficking in cocaine and sentenced to twenty years in prison.  Mims’s appellate counsel has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Morgan’s appeal is without merit.  The sole issue on appeal is whether the circuit court erred in failing suppress drug evidence.  No separate pro se brief was filed.

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 Mims’s appeal and grant counsel’s petition to be relieved.1

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.


          1  Because oral argument would not aid the court in resolving the issues on appeal, we decide this case without oral argument pursuant to Rules 215 and 220(b)(2), SCACR.