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2004-UP-642 - State v. Pendergrass

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)(1), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Anthony Drake Pendergrass,        Appellant.


Appeal From Chester County
Paul E. Short, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-642
Submitted December 1, 2004 – Filed December 20, 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 John R. Justice, of Chester, for Respondent.

PER CURIAM: Anthony Drake Pendergrass appeals his conviction for trafficking cocaine, arguing the trial court erred by failing to suppress evidence that was the fruit of an unlawful search.  Pendergrass’s counsel attached to the final brief a petition to be relieved as counsel, stating she had reviewed the record and concluded this appeal lacks merit.  Pendergrass filed a separate pro se brief, arguing his constitutional right to confront witnesses was violated when the trial court tried him in absentia.  Pendergrass further argued the trial court violated his right to competent counsel when it denied his attorney’s request for a continuance, or in the alternative, to withdraw as counsel because he had not been able to adequately discuss the case with Pendergrass.  After a thorough review of the record and counsel’s brief pursuant to Anders v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss [1] the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

HEARN, C.J. and GOOLSBY and WILLIAMS, JJ., concur.


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