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2004-UP-146 - State v. Gainey

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.

Johnny A. Gainey,        Appellant.


Appeal From Kershaw County
J. Ernest Kinard, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-146
Submitted December 23, 2003 – Filed March 1, 2004


APPEAL DISMISSED


Deputy Chief Attorney Joseph L. Savitz, III , Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka,;  and Solicitor Warren Blair Giese, all of Columbia, for Respondent.


PER CURIAM:  Johnny A. Gainey was convicted of voluntary manslaughter.  Gainey’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.  Gainey’s appellate counsel asserts that the circuit court erred in failing to grant his directed verdict motion, contending that the evidence presented at trial established self-defense as a matter of law.  In a separate pro se brief, Gainey argues that the circuit court erred in failing to grant his directed verdict motion, contending that the evidence presented at trial established self-defense as a matter of law.

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 Gainey’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.