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2004-UP-380 - State v. Colwell

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.

John Edward Colwell,        Appellant.


Appeal From Sumter County
Clifton Newman, Circuit Court Judge


Unpublished Opinion No. 2004-UP-380
Submitted April 21, 2004 – Filed June 18, 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 Cecil Kelley Jackson, of Sumter, for Respondent.

PER CURIAM:  John Edward Colwell appeals his convictions for armed robbery and possession of a firearm during the commission of a violent crime.  Colwell’s appellate counsel has petitioned to be relieved as counsel, stating she has reviewed the record and has concluded Colwell’s appeal is without legal merit.  The issue briefed by counsel concerns whether the trial court erred in refusing to direct a verdict for the defense.  Colwell has filed a brief on his own behalf alleging, in addition to the issue briefed by counsel, error in admission of a photograph.

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 in this case that are arguable on their merits.  Accordingly, we dismiss Colwell’s appeal and grant counsel’s petition to be relieved. [1]

APPEAL DISMISSED.

GOOLSBY, HOWARD, and BEATTY, 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.