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2005-UP-474 - State v. Hill

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.

Stephon Hill,        Appellant.


Appeal from Chester County
Paul E. Short, Jr., Circuit Court Judge


Unpublished Opinion No. 2005-UP-474
Submitted August 1, 2005 – Filed August 8, 2005


APPEAL DISMISSED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,  of Columbia; and Solicitor John R. Justice, of Chester, for Respondent.

PER CURIAM:  Stephon Hill appeals his convictions for first-degree burglary and pointing and presenting a firearm.  Hill’s appellate counsel has petitioned to be relieved as counsel, stating she has reviewed the record and has concluded Hill’s appeal is without merit.  The sole issue briefed by counsel concerns whether the circuit court lacked subject matter jurisdiction to convict Hill of first-degree burglary due to alleged deficiencies with the indictment on that charge.  Hill filed a separate pro se brief.

After a review of the record as required by Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss this appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. 1

HEARN, C.J., STILWELL and KITTREDGE, JJ., concur.


[1]  We decide this case without oral argument pursuant to Rules 215 and 220(b)(2), SCACR.