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2004-UP-196 - State v. Anthony

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.

David Anthony,        Appellant.


Appeal From Sumter County
Howard P. King, Circuit Court Judge


Unpublished Opinion No.  2004-UP-196
Submitted January 29, 2004 – Filed March 24, 2004


APPEAL DISMISSED


Senior Assistant Appellate Defender Wanda H. Haile, Office of Appellate Defense, 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 Solicitor Cecil Kelley Jackson, of Sumter, for Respondent.


PER CURIAM:  David Anthony was convicted of attempted armed robbery and was sentenced.  The issue briefed by appellate counsel concerns whether the trial court erred in allowing the State to exercise four peremptory challenges in a discriminatory manner.  Anthony’s appellate counsel has petitioned to be relieved as counsel, stating that she has reviewed the record and has concluded Anthony’s appeal is without merit.  Anthony has filed a pro se brief, alleging error in: 1) failing to direct a verdict in his favor where the jury returned inconsistent verdicts; and 2) admitting an in-court identification.  

After a thorough 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 hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss Anthony’s appeal and grant counsel’s petition to be relieved. [1]    

APPEAL DISMISSED.

GOOLSBY, HOWARD and KITTREDGE, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.