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2004-UP-465 - State v. Duncan

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.

Jimmy Lee Duncan, Appellant.


Appeal From Colleton County
Perry M. Buckner, Circuit Court Judge


Unpublished Opinion No. 2004-UP-465
Submitted September 15, 2004 – Filed September 15, 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 Randolph Murdaugh, III, of Hampton, for Respondent.

PER CURIAM:  Jimmy Lee Duncan was indicted for third-degree burglary and petit larceny.  He was acquitted of the petit larceny charge and convicted of the third-degree burglary charge.  The trial judge sentenced him to five years imprisonment.  An unrelated probationary sentence was also revoked and a concurrent sentence of seven years imposed.  Duncan appeals. 

Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel for Duncan attached to the final brief a petition to be relieved as counsel, stating she had reviewed the record and concluded Duncan’s appeal is without legal merit sufficient to warrant a new trial.  Duncan did not file a separate pro se response. 

After a thorough review of the record pursuant to Anders 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]

STILWELL, BEATTY, and SHORT, JJ., concur.


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