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2008-UP-033 - State v. Brown

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.

Alvin Keith Brown, Appellant.


Appeal From Florence County
 J. Michael Baxley, Circuit Court Judge


Unpublished Opinion No. 2008-UP-033
Submitted January 1, 2008 – Filed January 11, 2008   


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, 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 Edgar Lewis Clements, III, of Florence, for Respondent.

PER CURIAM:  A jury convicted Alvin Keith Brown of possession of crack cocaine with intent to distribute (PWID), assault and battery with intent to kill (ABWIK), possession of a weapon during the commission of a violent crime, resisting arrest with a deadly weapon, assault of a high and aggravated nature (AHAN), and unlawful possession of prescription drugs.  The trial judge sentenced him to fifteen years in prison for PWID, two years for possession of prescription drugs, five years for the weapons charge, ten years for AHAN, ten years for resisting arrest, and life without the possibility of parole for ABWIK.  Brown argues the trial judge erred in refusing to suppress evidence that was seized pursuant to an unlawful seizure of him.  Brown’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.  Brown did not file a separate pro se brief.  After a thorough review of the record and counsel’s brief 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 Brown’s appeal and grant counsel’s petition to be relieved.[1] 

APPEAL DISMISSED.

HUFF and PIEPER, JJ., and CURETON, A.J., concur.


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