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2004-UP-174 - State v. Spain

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.

Harvey L. Spain,        Appellant.


Appeal From Horry County
John M. Milling, Circuit Court Judge


Unpublished Opinion No. 2004-UP-174
Submitted January 29, 2004 – Filed March 16, 2004


APPEAL DISMISSED


Chief Appellate Defender Daniel T. Stacey, 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 J. Gregory Hembree, of Conway; for Respondent.


PER CURIAM:  Harvey L. Spain was convicted of possession of crack cocaine, second offense, and sentenced to three years imprisonment.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Spain’s counsel attached a petition to be relieved.  Spain 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 Spain’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.