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2008-UP-485 - State v. Cooley

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.

David Jeffrey Cooley, Appellant.


Appeal From Greenville County
 James W. Johnson, Jr., Circuit Court Judge


Unpublished Opinion No. 2008-UP-485
Submitted August 1, 2008 – Filed August 12, 2008   


APPEAL DISMISSED


Appellate Defender Kathrine H. Hudgins, 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:  David Jeffrey Cooley was tried for and convicted of first-degree burglary and petit larceny.  He was sentenced to twenty years’ imprisonment for burglary and thirty days’ imprisonment for petit larceny, to be served concurrently.  Cooley appeals his conviction, arguing the circuit court erred in admitting a photograph depicting Cooley in handcuffs.  Cooley’s counsel attached to the final brief a petition to be relieved as counsel pursuant to Anders v. California, 386 U.S. 738 (1967), stating she had reviewed the record and concluded this appeal lacked merit.  After a thorough review of the record, counsel’s brief, and Cooley’s pro se 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] Cooley’s appeal and grant counsel’s petition to be relieved. 

APPEAL DISMISSED.

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


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