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2004-UP-569 - State v. Pressley

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.

Earnest Pressley,        Appellant.


Appeal From Aiken County
William P. Keesley, Circuit Court Judge


Unpublished Opinion No.  2004-UP-569
Submitted November 1, 2004 – Filed November 15, 2004


APPEAL DISMISSED


Assistant Appellate Defender Tara S. Taggart, Office of Appellate Defense, 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; Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Earnest Pressley was convicted of second-degree criminal sexual conduct with a minor.  He was sentenced to twenty years imprisonment.  Pressley appeals. 

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

KITTREDGE, BEATTY, JJ., and CURETON, AJ., concur.


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