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2007-UP-294 - State v. McCoy

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.

John Curtis McCoy, Appellant.


Appeal From Spartanburg County
 Roger L. Couch, Special Circuit Court Judge


Unpublished Opinion No. 2007-UP-294
Submitted June 1, 2007 – Filed June 7, 2007


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Appellant, John Curtis McCoy, was indicted for assault and battery with intent to kill (ABWIK) and burglary in the first degree.  He was convicted as charged and sentenced to consecutive sentences of five years on the ABWIK charge and fifteen years on the burglary charge.  McCoy’s counsel attached to the brief a petition to be relieved as counsel, stating that she had reviewed the record and concluded this appeal lacks merit.  McCoy filed a separate pro se brief.  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[1] the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

ANDERSON, HUFF, and BEATTY, JJ., concur.


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