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2004-UP-451 - State v. Fashaw

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.

Marcus Fashaw, Appellant.


Appeal From Chesterfield County
 Paul M. Burch, Circuit Court Judge


Unpublished Opinion No. 2004-UP-451
Submitted July 7, 2004 – Filed August 25, 2004


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak, 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 Jay E. Hodge, of Darlington, for Respondent.

PER CURIAM:  Marcus Fashaw appeals his conviction for armed robbery.  He maintains the trial court should have suppressed evidence found during the search of an apartment.  Fashaw’s counsel attached to the brief a petition to be relieved as counsel, stating that he had reviewed the record and concluded this appeal lacks merit.  Fashaw filed a separate pro se brief in which he contends the indictment was insufficient because it failed to state he was being tried under the theory of accomplice liability.  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] Fashaw’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.