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2004-UP-376 - State v. Robert Simmons
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 Lee Simmons, Appellant.


Appeal From Berkeley County
R. Markley Dennis, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-376
Submitted April 21, 2004 – Filed June 17, 2004


APPEAL DISMISSED


Chief Appellate Defender Daniel T. Stacey, 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 Ralph E. Hoisington, of Charleston, for Respondent.


PER CURIAM:  Robert Lee Simmons was convicted of pointing and presenting a firearm and sentenced to four years imprisonment.  Additionally, the circuit court revoked two years of Simmons’ probation on an unrelated charge, the sentence to run concurrently with the previous sentence.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Simmons’ counsel attached a petition to be relieved.  Simmons 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 Simmons’ 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.