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2004-UP-584 - State v. Fulmore

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.

Kozales John Fulmore, Appellant.


Appeal From Georgetown County
 John  L.  Breeden, Circuit Court Judge


Unpublished Opinion No. 2004-UP-584
Submitted November 1, 2004 – Filed November 17, 2004


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak, Office of Appellate Defense, 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 John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Kozales John Fulmore was convicted of second-degree burglary and grand larceny.  He was sentenced to ten years, suspended on the service of six years with three years probation on the burglary charge and to five years, concurrent, on the grand larceny charge.  He appeals. 

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


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