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2008-UP-509 - In the Matter of the Care and Treatment of Jimmy Ray Turner

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 Matter of the Care and Treatment of Jimmy Ray Turner, Appellant.


Appeal From Anderson County
 Alexander S. Macaulay, Circuit Court Judge


Unpublished Opinion No. 2008-UP-509
Submitted September 2, 2008 – Filed September 8, 2008
Withdrawn, Substituted, and Refiled September 12, 2008


APPEAL DISMISSED


Cameron Grant Boggs, of Greenville, for Appellant.

Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, R. Westmoreland Clarkson, Assistant Attorney General, Deborah R.J. Shupe, Assistant Attorney General, all of Columbia, for Respondent.

 

PER CURIAM: Jimmy Ray Turner appeals his commitment under the South Carolina Sexually Violent Predator Act (the Act).    Turner argues his confinement is unconstitutional because the Act violates the South Carolina Constitution.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Turner’s counsel attached a petition to be relieved, stating he reviewed the record and concluded this appeal lacks merit.  After a thorough review of the record and counsel’s brief pursuant to Anders v. California, 386 U.S. 738 (1967), In re McCoy, 360 S.C. 425, 602 S.E.2d 58 (2004) (adopting the Anders procedure for alleged no-merit appeals in sexually violent predator involuntary commitment appeals), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss[1] Turner’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

SHORT, THOMAS, and PIEPER, JJ., concur.


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