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2005-UP-323 - State v. Carter
THE STATE OF SOUTH CAROLINA

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.

Shaun D. Carter,        Appellant.


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


Unpublished Opinion No. 2005-UP-323
Submitted May 1, 2005 – Filed May 13, 2005


APPEAL DISMISSED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.


PER CURIAM:  Shaun D. Carter was convicted of distribution of crack cocaine, second offense, and distribution of crack cocaine within one-half mile of a school.  He was sentenced to five years for distribution of crack cocaine and fifteen years, suspended upon the service of five years, plus three years probation, to be served concurrently, for distribution of crack cocaine within one-half mile of a school.  Carter’s appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967).  Counsel additionally submitted a petition to be relieved from representation, asserting there are no directly appealable issues of arguable merit.  Further, Carter filed a pro se response with the Court.

After a 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.[1]

APPEAL DISMISSED.

ANDERSON, STILWELL, and WILLIAMS, JJ., concur.


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