Duelley v. State

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

Edward A. Duelley,       
Appellant,

v.

State of South Carolina,       
Respondent.

Appeal From Richland County

Thomas W. Cooper, Jr., Circuit Court
Judge

Unpublished Opinion No. 2004-UP-518

Submitted October 1, 2004 – Filed October
14, 2004

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, Office of Appellate
Defense, of Columbia, for Appellant.

Andrew F. Lindemann, of Columbia, for Respondent.

PER CURIAM:  Edward Duelley pled guilty
to assault and battery with intent to kill, carrying a weapon, larceny, and
three counts of armed robbery in February 1980.  He was sentenced to 35 years
in prison in South Carolina.  Duelley was later convicted of federal bank robbery
charges and also served time in federal prison. 

Duelley filed an appeal with the Administrative
Law Judge Division and a writ of habeas corpus in circuit court, claiming the
South Carolina Department of Corrections should have given him credit for the
time he served in federal prison.  Duelley’s writ of habeas corpus action was
stayed pending resolution of his administrative appeal.  Duelley now appeals,
arguing the circuit court erred in ruling his petition for habeas corpus and
his administrative appeal, both addressing the same issues, could not commence
simultaneously.  On appeal, counsel for Duelley has filed a brief pursuant to
Anders v. California, 386 U.S. 738 (1967), asserting that there were
no meritorious grounds for appeal and requesting permission to withdraw from
further representation.  Duelley filed a pro se response.    

After a thorough review of the record pursuant
to Anders 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]

STILWELL, BEATTY and SHORT, JJ., concur.

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