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2004-UP-302 - State v. Harley

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.

Anthony Harley, Appellant.


Appeal From Lexington County
 Marc H. Westbrook, Circuit Court Judge


Unpublished Opinion No. 2004-UP-302
Submitted February 20, 2004 – Filed May 6, 2004   


APPEAL DISMISSED


Senior Assistant Appellate Defender Wanda P. Hagler, Office of Appellate Defense, of Columbia, of Ridgeland, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Anthony Harley appeals his conviction and sentence for injuring a railroad.  Harley’s appellate counsel has petitioned to be relieved as counsel, stating she has reviewed the record and has concluded Harley’s appeal is without merit.  The issue briefed by counsel concerns whether the trial court erred accepted Harley’s guilty plea without advising him of the sentencing consequences.  Harley has not filed any materials 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 Harley’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.