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2004-UP-268 - State v. Gallman

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.

Dominique Gallman,        Appellant.


Appeal From Chester County
Paul E. Short, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-268
Submitted February 20, 2004 – Filed April 19, 2004  


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, 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 John R. Justice, of Chester, for Respondent.

PER CURIAM:  Dominique Gallman appeals his conviction for second-degree burglary.  Gallman’s appellate counsel has petitioned to be relieved as counsel, stating she has reviewed the record and has concluded Gallman’s appeal is without merit.  The issue briefed by counsel concerns whether the trial court erred in denying Gallman’s motion for a directed verdict of not guilty.  Gallman has not filed any documents on his own behalf.

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

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.


          1  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.