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2004-UP-403 - State v. 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.

Joseph L. Simmons,        Appellant.


Appeal From Charleston County
Thomas L. Hughston, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-403
Submitted April, 21, 2004 – Filed June 22, 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 Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Joseph L. Simmons (Appellant) was convicted of two counts of shoplifting.  He was sentenced to concurrent terms of five years in prison, suspended upon the service of three years in prison and two years probation on each charge.

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]

GOOSLBY, HOWARD, and BEATTY, JJ., concur.


[1]   This case is decided without oral argument pursuant to Rule 215, SCACR.