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2005-UP-013 - In the Interest of Clifton W.

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

In the Interest of Clifton W., A Juvenile under the Age of Seventeen,        Appellant


Appeal From Sumter County
Marion D. Myers, Family Court Judge


Unpublished Opinion No. 2005-UP-013
Submitted December 1, 2004 – Filed January 11, 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 Cecil Kelley Jackson, of Sumter, for Respondents.

PER CURIAM:  Clifton W. appeals his conviction for unlawful possession of a pistol.  Clifton’s appellate counsel has petitioned to be relieved as counsel, stating she has reviewed the record and has concluded any appeal would be without merit.  The issue briefed by counsel concerns whether the conviction should be vacated as the product of an unlawful search.  Clifton has filed not filed any documents on his own behalf with this court.

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. [1]   Accordingly, we dismiss the appeal and grant counsel’s petition to be relieved. [2]

APPEAL DISMISSED.

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


[1]   During the same proceeding, Clifton also pled guilty to assault and battery of a high and aggravated nature, and we hold there are no directly appealable issues of arguable merit resulting from this conviction.

[2]   Because oral argument would not aid the court in resolving the issues on appeal, we decide this case without oral argument pursuant to Rules 215 and 220(b)(2), SCACR.