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2008-UP-106 - State v. Clayton

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.

Terry A. Clayton, Appellant.


Appeal From Spartanburg County
 Marc H. Westbrook, Circuit Court Judge


Unpublished Opinion No. 2008-UP-106
Submitted February 1, 2008 – Filed February 12, 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, of Columbia, Harold W. Gowdy, III, for Respondent.

PER CURIAM:  Appellant, Terry A. Clayton, was indicted for and convicted of one count of felony DUI causing death and one count of reckless homicide.  The trial judge sentenced Clayton to concurrent sentences of fifteen years for felony DUI and ten years for reckless homicide.  Clayton’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.  Clayton 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.

HUFF, KITTREDGE, and WILLIAMS, JJ., concur.


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