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2008-UP-476 - In The Interest of Barry W. D.

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

In The Interest of Barry W. D., A Minor Under The Age of Seventeen, Appellant.


Appeal From Pickens County
 Alvin D. Johnson, Family Court Judge


Unpublished Opinion No.   2008-UP-476
Submitted August 1, 2008 – Filed August 11, 2008


APPEAL DISMISSED


Chief Appellate Defender Joseph L. Savitz, III, South Carolina Commission on Indigent Offense, Division 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, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM: The family court adjudicated Barry W. D., a juvenile, delinquent on two petitions alleging assault and battery of a high and aggravated nature and ordered his commitment for an indeterminate period not to exceed his twenty-first birthday.  Barry’s appellate counsel filed a brief and attached petition to be relieved as counsel pursuant to Anders v. California, 386 U.S. 738 (1967).  Counsel argues the family court erred by allowing the joinder of two petitions in a single trial.  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[1] Barry’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

KONDUROS, J., CURETON, A.J., and GOOLSBY, A.J., concur.


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