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2004-UP-230 - State v. Speaks

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.

Clarence D. Speaks, Jr.,        Appellant.


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


Unpublished Opinion No. 2004-UP-230
Submitted January 29, 2004 – Filed March 31, 2004


APPEAL DISMISSED


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

PER CURIAM:  Clarence D. Speaks, Jr. (Appellant) was convicted of first-degree burglary and assault and battery with intent to kill (ABIK).  He was sentenced to concurrent prison terms of fifteen years for first-degree burglary and ten years for ABIK.  Restitution was also ordered by the court. 

On appeal, counsel for Appellant has filed a final brief along with a petition to be relieved as counsel.  Appellant has filed a pro se response.  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 dismiss the appeal and grant counsel’s petition to be relieved.              

APPEAL DISMISSED. [1]

GOOSLBY, HOWARD, and BEATTY, JJ., concur.


[1]   This case is decided without oral argument pursuant to Rule 215, SCACR.