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2004-UP-151 - State v. Baskin

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON 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.

John D. Baskin,        Appellant.


Appeal From Abbeville County
James W. Johnson, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-151
Submitted January 28, 2004 – Filed March 2, 2004


APPEAL DISMISSED


Assistant Appellate Defender Eleanor Duffy Cleary, Office of Appellate Defense, of Columbia, for Appellant,

Attorney General Henry Dargan McMaster, Chief Deputy Attorney John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor William Townes Jones, of Greenwood, for Respondent.


PER CURIAM:  John D. Baskin was convicted of one count each of distribution of crack cocaine and distribution of crack cocaine within close proximity of a school.  Baskin’s appellate counsel has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Baskin’s appeal is without merit.  The sole issue briefed by counsel concerns whether the circuit court erred in refusing to grant a jury charge on simple possession of crack cocaine, which Baskin’s appellate counsel contends is a lesser included offense of the crimes for which he was charged.  In a separate pro se brief, Baskin alleges prosecutorial misconduct.

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 Baskin’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.