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2004-UP-474 - State v. Montague

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.

Phyllis S. Montague, Appellant.


Appeal From York County
John C. Hayes, III, Circuit Court Judge


Opinion No.    2004-UP-474
Submitted September 15, 2004 – Filed September 16, 2004


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia; Thomas E. Pope, Sixteenth Circuit Solicitor’s Office, of York; for Respondent.


PER CURIAM:  Appellant pled guilty to voluntary manslaughter and possession of a knife during the commission of a violent crime.  She was sentenced to thirty years in prison for voluntary manslaughter and five years, concurrent, for possession of a knife during the commission of a violent crime.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Appellant’s counsel attached a petition to be relieved.  Appellant did not file a pro se response.   

After a review of the record as required by Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss this appeal and grant counsel’s petition to be relieved. [1]    

APPEAL DISMISSED.

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


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