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2005-UP-374 - State v. Mack

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 OFSOUTH CAROLINA
In The Court of Appeals


The State, Respondent,

v.

Derrick A. Mack, Appellant.


Appeal From Horry County
Paul E. Short, Jr., Circuit Court Judge


Unpublished Opinion No. 2005-UP-374
Submitted June 1, 2005 – Filed June 13, 2005


APPEAL DISMISSED


Acting Chief Attorney Joseph L. Savitz, III, 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 J. Gregory Hembree, of Conway, for Respondent.


PER CURIAM:  Derrick A. Mack was convicted of possession of cocaine with intent to distribute and possession of crack cocaine with intent to distribute.  He was sentenced to ten years, plus a fine of $50,000 for each charge, to be served concurrently.  Mack’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.  Mack did not file 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.