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2005-UP-158 - State v. O’Neal

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.

Jarvia Q. O’Neal, Appellant.


Appeal From Charleston County
 Daniel F.  Pieper, Circuit Court Judge


Unpublished Opinion No. 2005-UP-158
Submitted March 1, 2005 – Filed March 4, 2005


APPEAL DISMISSED


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

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Jarvia O’Neal appeals her conviction for assault and battery with intent to kill.  The trial judge sentenced O’Neal to five years imprisonment, suspended upon the service of two years with two years probation.

Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel for O’Neal attached to the final brief a petition to be relieved as counsel, stating he had reviewed the record and concluded O’Neal’s appeal is without legal merit sufficient to warrant a new trial.  O’Neal did not file a separate 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.

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

APPEAL DISMISSED. [1]


[1] Because oral argument would not aid the court in resolving the issues on appeal, we decide this case without oral argument pursuant to Rule 215, SCACR.