State v. Lowery

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Quincy Lowery,       
Appellant.

Appeal From Marlboro County

Edward B. Cottingham, Circuit Court
Judge

Unpublished Opinion No. 2003-UP-644

Submitted August 20, 2003 – Filed November 4, 2003

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak, Office of Appellate
Defense, of Columbia, for Appellant

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
all of Columbia;  and Solicitor Jay E. Hodge, Jr., of Cheraw, for Respondent.

PER CURIAM: Quincy Lowery and three co-defendants
were indicted for the armed robbery of a liquor store in McColl, South Carolina. 
He was found guilty and sentenced to twenty-one years in prison.  Lowery appeals
his conviction, arguing the trial court erred in allowing the victim to make
an in-court identification of him based on her recollection of him from the
bond hearing.      Pursuant to Anders v. California, 386 U.S. 738 (1967),
Lowery’s counsel attached a petition to be relieved, stating he reviewed the
record and concluded this appeal lacks merit.  Lowery filed a separate pro
se brief, arguing the following six issues: (1) the trial court misallocated
the burden of proof by instructing the jury to acquit if the evidence demonstrated
a “real possibility” of innocence; (2) the trial court denied Lowery the right
to a fair and impartial jury because the jury instructions left the jurors “with
no choice but to find [him] guilty”; (3) the trial court’s extra-judicial remarks
at the time of sentencing demonstrated the court’s bias and “resulted in a sentence
plainly violative of [Lowery’s] rights”; (4) defense counsel breached Lowery’s
fiduciary duty to “shield confidences concerning [Lowery’s] alibi defense”;
(5) Lowery was denied effective assistance of counsel because his attorney failed
to refute a number of the State’s claims; and (6) the trial court lacked subject
matter jurisdiction.

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] Lowery’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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

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