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2005-UP-041 - State v. McCray

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.

Sadie Gloridean McCray, Appellant.


Appeal From Sumter County
 Clifton Newman, Circuit Court Judge


Unpublished Opinion No.  2005-UP-041
Submitted December 1, 2004 – Filed January 14, 2005


APPEAL DISMISSED


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

Attorney General Henry D. 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 Respondent.

PER CURIAM:  Sadie Gloridean McCray (Appellant) was convicted of distribution of crack cocaine and distribution of crack cocaine within proximity of a public park.  She was sentenced to concurrent terms of twelve years in prison for each count. 

On appeal, counsel for Appellant has filed a final brief along with a petition to be relieved as counsel.  Appellant has filed 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 petition to be relieved. [1]               

APPEAL DISMISSED. [2]

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


[1]   In our Anders review, we noticed that several documents relating to the drug evidence, such as a chain of custody form, were included in the record, but they are not related to the current appeal.  Their inclusion appears to be inadvertent.  For the benefit of the parties, we note that we relied on the testimony in the record that was applicable to this case and have ignored the extraneous documents as mere surplusage.

[2]   This case is decided without oral argument pursuant to Rule 215, SCACR.