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2005-UP-028 - State v. Kelley

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.

Tyrone Kelley, Appellant.


Appeal From Richland County
 G. Thomas Cooper, Jr., Circuit Court Judge


Unpublished Opinion No.  2005-UP-0028
Submitted January 1, 2005 – Filed January 13, 2005


APPEAL DISMISSED


Assistant Appellate Defender Tara S. Taggart, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh,  Assistant Deputy Attorney General Donald J. Zelenka, Office of the Attorney General, all of Columbia; and Solicitor Warren Blair Giese, of Columbia, for Respondent.

PER CURIAM:  Tyrone Kelley was indicted for murder and grand larceny over $5000.  He pled guilty to both charges.  The trial court sentenced him to ten years imprisonment for grand larceny and thirty years for murder, with the sentences concurrent.  Kelley’s counsel attached to the final brief a petition to be relieved as counsel stating she had reviewed the record and concluded the appeal lacked merit.  Kelley did file a pro se response.  After a thorough review of the record 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 the appeal and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED.

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


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