State v. Fortune

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Eugene Fortune,       
Appellant.

Appeal From Lee County

Howard P. King, Circuit Court Judge

Unpublished Opinion No. 2004-UP-106

Submitted December 23, 2003 – Filed
February 18, 2004

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, 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 Cecil Kelley Jackson, of Sumter, for Respondent.

PER CURIAM:  Fortune pled guilty
to four counts of distribution of crack cocaine within the proximity of a school. 
He was sentenced to ten-years imprisonment on each count, the sentences to run
concurrently.  Pursuant to Anders v. California, 386 U.S. 738 (1967),
Fortune’s counsel attached a petition to be relieved as counsel.  Fortune did
not file a pro se response.

After review of the record 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 Fortune’s appeal and grant counsel’s
petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and KITTRIDGE, JJ., concurring.

[1] Because oral argument would not aid the Court in resolving
any issue on appeal, we decide this case without oral argument pursuant to
Rule 215 and 220(b)(2), SCACR.