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2010-UP-021 - State v. Lupo

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Billy J. Lupo, Appellant.


Appeal From Fairfield County
 Brooks P. Goldsmith, Circuit Court Judge


Unpublished Opinion No. 2010-UP-021
Submitted January 4, 2010 – Filed January 25, 2010  


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, 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 Douglas A. Barfield, Jr., of Lancaster, for Respondent.

PER CURIAM:  In April, 2008, Billy J. Lupo was sentenced to seven years for assault and battery of a high and aggravated nature.  Lupo's counsel attached to the brief a petition to be relieved as counsel, stating she had reviewed the record and concluded this appeal lacked merit.  Lupo filed a pro se brief.

After a thorough review of the record, the pro se brief, 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] the appeal and grant counsel's petition to be relieved.

APPEAL DISMISSED

HUFF, A.C.J., GEATHERS, J., and CURETON, A.J., concur.


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