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2004-UP-177 - State v. Seawright

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.

Michael Wayne Seawright,        Appellant.


Appeal From Pickens County
John W. Kittredge, Circuit Court Judge


Unpublished Opinion No. 2004-UP-177
Submitted January 29, 2004 – Filed March 16, 2004


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak, 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; Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Michael Wayne Seawright appeals his convictions for first-degree burglary and grand larceny.  Seawright’s appellate counsel has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Seawright’s appeal is without merit.  The issue briefed by counsel concerns whether the trial court erred in failing to instruct the jury to receive the testimony of an accomplice with caution.  Seawright has filed a brief with this court on his own behalf alleging ineffective assistance of counsel and averring he does not waive or forfeit any claims presented and raised during trial.

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 in this case that are arguable on their merits.  Accordingly, we dismiss Seawright’s appeal and grant counsel’s petition to be relieved.1

APPEAL DISMISSED.

GOOLSBY, HOWARD, and ANDERSON, JJ., concur.


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.