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2007-UP-410 - State v. Bailey

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.

Sherry K. Bailey, Appellant.


Appeal From Greenville County
 G. Edward Welmaker, Circuit Court Judge


Unpublished Opinion No.  2007-UP-410
Submitted October 1, 2007 – Filed October 4, 2007


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott , Office of the Attorney General, of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Appellant, Sherry K. Bailey, was convicted of assault and battery and sentenced to imprisonment for thirty days or a fine of $500.  Bailey’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.  Bailey did not file 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.

HEARN, CJ., HUFF, and KITTREDGE, JJ., concur.


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