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2004-UP-570 - State v. Johnson

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.

Jonathon M. Johnson,        Appellant.


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


Unpublished Opinion No. 2004-UP-570
Submitted November 1, 2004 – Filed November 15, 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 Salley W. Elliott, all of Columbia; and Solicitor Walter M. Bailey, Jr., of Summerville, for Respondent.

PER CURIAM:  Jonathon Johnson appeals his conviction for kidnapping.  Based on Johnson’s prior record, the trial judge sentenced him to life imprisonment without the possibility of parole.

Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel for Johnson attached to the final brief a petition to be relieved as counsel, stating she had reviewed the record and concluded Johnson’s appeal is without legal merit sufficient to warrant a new trial.  Johnson 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]

HUFF, BEATTY, and KITTREDGE, JJ., concur.


[1]   Because oral argument would not aid the court in resolving the issues on appeal, we decide this case without oral argument pursuant to Rule 215, SCACR.