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2004-UP-564 - State v. Harley

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.

Diamond Jack Harley, Appellant.


Appeal From Orangeburg County
Edward B. Cottingham, Circuit Court Judge


Unpublished Opinion No. 2004-UP-564
Submitted November 1, 2004 – Filed November 8, 2004


APPEAL DISMISSED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; Solicitor Walter M. Bailey, Jr., of Summerville, for Respondent.

PER CURIAM:  Diamond Jack Harley appeals his conviction for assaulting a police officer while resisting arrest.  Counsel for Harley attached to the final brief a petition to be relieved as counsel.  Harley filed a separate 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 Harley’s appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

ANDERSON, STILWELL, and SHORT, JJ., concur.