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2004-UP-320 - State v. Barbary

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.

Robert G. Barbary,        Appellant.


Appeal From Spartanburg County
John C. Few, Circuit Court Judge


Unpublished Opinion No. 2004-UP-320
Submitted March 19, 2004 – Filed May 14, 2004


APPEAL DISMISSED


Assistant Appellate Defender Tara S. Taggart, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Robert G. Barbary (Appellant) was convicted of two counts of criminal domestic violence of a high and aggravated nature (CDVHAN).  He was sentenced to concurrent terms of ten years in prison. 

On appeal, counsel for Appellant has filed a final brief along with a petition to be relieved as counsel.  Appellant has not 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 BEATTY, JJ., concur. 


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