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2004-UP-507 - State v Kelsey

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.

Kathryn Nicole Kelsey,        Appellant.


Appeal From Charleston County
Daniel  F.  Pieper, Circuit Court Judge


Unpublished Opinion No. 2004-UP-507
Submitted October 1, 2004 – Filed October 13, 2004


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston for Respondent.


PER CURIAM:  Kathryn Nicole Kelsey appeals her concurrent sentences for voluntary manslaughter, armed robbery, and conspiracy, arguing the sentences are “unconstitutionally disproportionate.”  Kelsey’s appellate counsel has petitioned to be relieved as counsel, stating she has reviewed the record and has concluded Kelsey’s appeal is without merit.  The sole issue briefed by counsel concerns whether Kelsey’s sentences were excessive.  Kelsey did not file a separate pro se reply brief. 

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 Rules 215 and 220(b)(2), SCACR.