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2004-UP-470 - State v. Johnson

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.

Mickey Johnson, Appellant.


Appeal From Aiken County
 James C. Williams, Jr., Circuit Court Judge


Opinion No.    2004-UP-470Submitted September 15, 2004 – Filed September 16, 2004


APPEAL DISMISSED


Senior Assistant Appellate Defender Wanda H. Haile, 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, Office of the Attorney General, of Columbia, Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Mickey Johnson was convicted of possession of cocaine, third offense, and was sentenced to four years imprisonment.  He appeals.

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