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2005-UP-331 - State v. Joy

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.

Robert Earl Joy,        Appellant.


Appeal From Greenville County
John C. Few, Circuit Court Judge


Unpublished Opinion No.  2005-UP-331
Submitted May 1, 2005 – Filed May 16, 2005


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak, 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 Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Robert Joy appeals his conviction for assault and battery of a high and aggravated nature.  He argues the trial judge erred in denying his motion for a directed verdict.  His counsel attached to the final brief a petition to be relieved as counsel, stating he reviewed the record and concluded Joy’s appeal is without merit.  Joy filed a pro se response. 

After a thorough review of the record 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 the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.[1]

GOOLSBY, HUFF, and KITTREDGE, JJ., concur.


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