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2004-UP-508 - State v. Miller
PER CURIAM: William E

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.

William Ernest Miller, Sr.,        Appellant.


Appeal From Georgetown County
J. Michael Baxley, Circuit Court Judge


Unpublished Opinion No. 2004-UP-508
Submitted October 1, 2004 – Filed October 13, 2004


APPEAL DISMISSED


Assistant Appellate Defender Tara S. Taggart, of Columbia, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  William Ernest Miller was convicted of three counts of criminal sexual conduct with a minor in the first degree and one count of committing a lewd act upon a minor.  He was sentenced to thirty years in prison for each criminal sexual conduct charge and fifteen years for the lewd act upon a minor.  Miller appeals, arguing the trial judge erred in failing to grant a directed verdict of acquittal on the lewd act charge.  On appeal, counsel for Miller has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there were no meritorious grounds for appeal and requesting permission to withdraw from further representation.  Miller has not filed 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.