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2004-UP-286 - State v. Hutton

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.

Errin Lamont Hutton, Appellant.


Appeal From Cherokee County
 J. Derham Cole, Circuit Court Judge


Unpublished Opinion No. 2004-UP-286
Submitted February 23, 2004 – Filed May 3, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.


PER CURIAM:  Hutton was convicted of two counts of armed robbery, two counts of ABHAN, four counts of kidnapping, armed robbery, and burglary in the first degree.  He received ten-year sentences on the two ABHAN charges, and on each of the remaining charges he was sentenced to life imprisonment without parole.  Hutton’s appellate counsel has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Hutton’s appeal is without merit.  The sole issue briefed by counsel argues Hutton’s trial should have been severed from that of a codefendant.  In a separate pro se brief, Hutton raises twenty issues addressing jurisdictional or due process issues.

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 this 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.