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2004-UP-291 - State v. Osborne

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.

Andy Osborne, Appellant.


Appeal From Clarendon County
 Thomas W. Cooper, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-291
Submitted February 20, 2004 – Filed May 4, 2004


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Cecil Kelley Jackson, of Sumter, for Respondent.

PER CURIAM:  Andy Osborne (Appellant) was convicted of committing a lewd act upon a child and resisting arrest.  He was sentenced to ten years in prison, suspended upon the service of five years in prison and three years probation for the lewd act, and a concurrent one year in prison for resisting arrest.

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]

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


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