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2005-UP-092 - Stokes v. State

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

Julius Stokes,        Appellant,

v.

State of South Carolina,        Respondent.


Appeal From Lexington County
Marc H. Westbrook, Circuit Court Judge


Unpublished Opinion No. 2005-UP-092
Submitted February 1, 2005 – Filed February 8, 2005


APPEAL DISMISSED


Assistant Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant.

Assistant Attorney General Adrianne L. Turner, of Columbia; and Solicitor Donald V. Myers, of       Lexington, for Respondent.

PER CURIAM:  On August 6, 1997, Julius Stokes pled guilty to robbery while armed with a deadly weapon.  He was sentenced to 16 years in prison.  On July 17, 1999, Stokes filed an application for post-conviction relief, which was dismissed with prejudice on November 17, 1999.  Stokes filed a writ of certiorari in the South Carolina Supreme Court on May 16, 2000.  After the submission of a petition pursuant to Johnson v. State, 294 S.C. 310, 364 S.E.2d 201 (1988), the Supreme Court denied the petition and granted counsel’s request to withdraw as counsel.  Stokes then filed a petition for writ of habeas corpus on October 23, 2002 in the Lexington County Court of Common Pleas.  In his writ of habeas corpus, Stokes mentions only his 1997 guilty plea for armed robbery. [1]   In response, the State filed a motion to dismiss Stokes’ petition for writ of habeas corpus, which was granted on August 28, 2003.  Stokes now appeals.  Counsel for Stokes has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there are no meritorious grounds for appeal and requesting permission to withdraw from further representation.  Stokes filed a pro se response.

After a thorough review of the record pursuant to Anders 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.

APPEAL DISMISSED. [2]

ANDERSON, BEATTY, and SHORT, JJ., concur.


[1] According to the material from Stokes’ application for post-conviction relief, he pled guilty in Richland County in 1998 to assault and battery of a high and aggravated nature, carjacking, and two counts of strong-arm robbery.  

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