State v. Stewart

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

The State,       
Respondent,

v.

Donovan Stewart,       
Appellant.

Appeal From Aiken County

John W. Kittredge, Circuit Court Judge

Unpublished Opinion No. 2004-UP-312

Submitted February 20, 2004 – Filed
May 12, 2004

APPEAL DISMISSED

Chief Attorney Daniel T. Stacey, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Donovan
Stewart pled guilty to failure to stop for a blue light and shoplifting.  Stewart
was sentenced to three years imprisonment for failure to stop, and five years
imprisonment suspended on the service of four years probation for shoplifting,
the sentences to run consecutively.  Pursuant to Anders v. California,
386 U.S. 738 (1967), Stewart’s counsel attached a petition to be relieved. 
Stewart filed 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 Stewart’s appeal and grant counsel’s
petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and BEATTY, 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.