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2004-UP-352 - State v. Middleton

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.

Peter L. Middleton, Appellant.


Appeal From McCormick County
 William P. Keesley, Circuit Court Judge


Unpublished Opinion No. 2004-UP-352
Submitted March 19, 2004 – Filed May 27, 2004


APPEAL DISMISSED


Senior Assistant Appellate Defender Wanda P. Hagler, 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:  Peter L. Middleton (Appellant) was convicted of possession of crack cocaine with intent to distribute within a half-mile radius of a school, possession of crack cocaine with intent to distribute, possession of marijuana, and making an improper turn.  He was sentenced to concurrent prison terms of ten years, suspended upon the service of two years, for the proximity charge; two years for the possession of crack charge; thirty days, suspended upon time served, for the marijuana charge; and two days for making an improper turn. 

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.