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2004-UP-249 - State v. Gause

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.

Mark Anthony Gause,        Appellant.


Appeal From Marion County
James E. Brogdon, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-249
Submitted February 20, 2004 – Filed April 15, 2004


APPEAL DISMISSED


Senior Assistant Appellate Defender Wanda P. Hagler, 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 Edgar L. Clements, III, of Florence, for Respondent.


PER CURIAM:  Mark Anthony Gause pled guilty to one count of second-degree burglary, five counts of tampering with a human drug product or food item, and one count of escape.  The circuit court sentenced him to twelve years imprisonment for second-degree burglary and twelve years imprisonment for the five counts of tampering with a human drug product or food item, the sentences to run concurrently.  Additionally, the circuit court sentenced him to five years imprisonment for escape, the sentence to run consecutively.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Gause’s counsel attached a petition to be relieved.  Gause 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 Gause’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.