State v. Smalls

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Morris Clayton Smalls,       
Appellant.

Appeal From Charleston County

A. Victor Rawl, Circuit Court Judge

Unpublished Opinion No. 2003-UP-624

Submitted August 20, 2003 – Filed
October 21, 2003

APPEAL DISMISSED

Chief Attorney Daniel T. Stacey, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh and Assistant Deputy Attorney General Charles H. Richardson,
all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Morris Clayton Smalls was indicted
for trafficking in cocaine, possession with intent to distribute within proximity
of a school, and conspiracy to violate South Carolina’s narcotics laws.  The
State did not go forward with conspiracy to violate South Carolina’s narcotics
laws because of an insufficient indictment.  The jury convicted him as charged
of trafficking in cocaine and possession with intent to distribute within proximity
of a school.  The judge sentenced him to seven years on each charge to run concurrently.   
Smalls’ appellate counsel filed a brief pursuant to Anders v. California,
386 U.S. 738 (1967).  Counsel additionally submitted a petition to be relieved
from representation, asserting there are no directly appealable issues of arguable
merit.  Smalls filed a pro se response with the Court.

After a review of the record pursuant to Anders
and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss
the appeal and grant counsel’s petition to be relieved.
[1]

APPEAL DISMISSED.

HEARN, C.J., CONNOR and ANDERSON,
JJ., concur.

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