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2005-UP-064 - State v. Ellison

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.

Jeremy Ellison,        Appellant.


Appeal From Cherokee County
J. Derham Cole, Circuit Court Judge


Unpublished Opinion No.  2005-UP-064
Submitted January 1, 2005 – Filed January 25, 2005


APPEAL DISMISSED


Senior Assistant Appellate Defender Wanda P. Hagler, Office of Appellate Defense, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Jeremy Ellison appeals from his conviction for lewd act on a minor arguing the trial court erred in allowing the State to exercise a peremptory challenge in a discriminatory manner.  Ellison’s counsel attached to the brief a petition to be relieved as counsel, stating that she had reviewed the record and concluded this appeal lacks merit.  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] Ellison’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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


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