State v. Fashaw

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.

Marcus Fashaw, Appellant.

Appeal From Chesterfield County

 Paul M. Burch, Circuit Court Judge

Unpublished Opinion No. 2004-UP-451

Submitted July 7, 2004 – Filed August
25, 2004

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 Salley W. Elliott
all of Columbia;  and Solicitor Jay E. Hodge, of Darlington, for Respondent.

PER CURIAM:  Marcus Fashaw appeals his conviction
for armed robbery.  He maintains the trial court should have suppressed evidence
found during the search of an apartment.  Fashaw’s counsel attached to the brief
a petition to be relieved as counsel, stating that he had reviewed the record
and concluded this appeal lacks merit.  Fashaw filed a separate pro se
brief in which he contends the indictment was insufficient because it failed
to state he was being tried under the theory of accomplice liability.  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] Fashaw’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ.,
concur.

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