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2004-UP-329 - State v. McAlister

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.

Seth McAlister,        Appellant.


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


Unpublished Opinion No. 2004-UP-329
Submitted March 19, 2004 – Filed May 14, 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 Salley W. Elliott, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.


PER CURIAM:  Seth McAlister was convicted of assault on a correctional facility employee, and the circuit court sentenced him to five years imprisonment, suspended on service of three years imprisonment and three years probation.  Additionally, McAlister pled guilty to aggravated criminal domestic violence and malicious injury to property and was sentenced to ten years imprisonment for aggravated criminal domestic violence, suspended on service of six years imprisonment and three years probation, and thirty days imprisonment for malicious injury to property, the sentences to run concurrently with one another and the sentence for assault on a correctional facility employee.  Pursuant to Anders v. California, 386 U.S. 738 (1967), McAlister’s counsel attached a petition to be relieved.  McAlister did not file a pro se response.

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 McAlister’s appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and BEATTY, JJ., concurring.


[1] Because oral argument would not aid the Court in resolving any issue on appeal, we decide this case without oral argument pursuant to Rule 215 and 220(b)(2), SCACR.