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2004-UP-386 - State v. Barton

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.

Charles Barton,        Appellant.


Appeal From Aiken County
J. Ernest Kinard, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-386
Submitted April 21, 2004 – Filed June 18, 2004


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Dudek, 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, of Columbia;  and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Charles Barton appeals his conviction on charges of assault and battery with intent to kill, of possession of a firearm during the commission of a violent crime, and of voluntary manslaughter. Counsel for Barton attached to the final brief a petition to be relieved as counsel. Barton filed a separate pro se response. 

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 that are arguable on their merits.  Accordingly, we dismiss Barton’s appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

GOOLSBY, HOWARD, and BEATTY, JJ., concur.