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2005-UP-061 - State v. Sherman

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.

Janet Lynne Sherman, Appellant.


Appeal From Anderson County
  Deadra L. Jefferson, Circuit Court Judge


Unpublished Opinion No. 2005-UP-061   
Submitted January 1, 2005 – Filed January 25, 2005


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Druanne Dykes White, of Anderson, for Respondent.

PER CURIAM: Janet Lynn Sherman appeals her convictions for murder, criminal conspiracy, and possession of a firearm or knife during the commission of a violent crime.  Sherman’s appellate counsel has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Sherman’s appeal is without merit.  The sole issue briefed by counsel concerns whether the circuit court erred by admitting bone fragments into evidence that counsel argues were irrelevant or unduly prejudicial.  Sherman did not file a separate pro se reply brief.

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.  Accordingly, we dismiss this appeal and grant counsel’s petition to be relieved.1

APPEAL DISMISSED.

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


1 We decide this case without oral argument pursuant to Rules 215 and 220(b)(2), SCACR.