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2004-UP-448 - Baker v. State

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

Henry Baker, Appellant,

v.

State of South Carolina, Respondent.


Appeal From York County
 Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2004-UP-448
Submitted July 7, 2004 – Filed August 25, 2004


APPEAL DISMISSED


Tara S. Taggart, Assistant Appellate Defender, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General David A. Spencer, all of Columbia, for Respondent.

PER CURIAM:  Henry Baker appeals the circuit court’s dismissal of his Petition for a Writ of Habeas Corpus.  Any matter cognizable under the Uniform Post-Conviction Procedure Act may not be raised by a writ of habeas corpus in circuit court.  Simpson v. State, 329 S.C. 43, 46, 495 S.E.2d 429, 431 (1998).  After a thorough review of the record and counsel’s brief 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 [1] Baker’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.


[1]        We decide this case without oral argument pursuant to Rule 215, SCACR.