State v. Osborne

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.

Andy Osborne, Appellant.

Appeal From Clarendon
County

 Thomas W. Cooper, Jr., Circuit
Court Judge

Unpublished Opinion
No. 2004-UP-291

Submitted February 20, 2004
– Filed May 4, 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 Salley W. Elliott, all of Columbia; and Solicitor
Cecil Kelley Jackson, of Sumter, for Respondent.

PER CURIAM:  Andy Osborne
(Appellant) was convicted of committing a lewd act upon a child and resisting
arrest.  He was sentenced to ten years in prison, suspended upon the service
of five years in prison and three years probation for the lewd act, and a concurrent
one year in prison for resisting arrest.

On appeal, counsel for Appellant
has filed a final brief along with a petition to be relieved as counsel.  Appellant
has filed a pro se response.  After a thorough 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 the appeal and
grant counsel’s petition to be relieved.              

APPEAL DISMISSED.
[1]

GOOLSBY, HOWARD, and KITTREDGE,
JJ., concur.

[1]   This case is decided without oral argument pursuant to Rule 215,
SCACR.