State v. Pendergrass

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)(1), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Anthony Drake Pendergrass,       
Appellant.

Appeal From Chester County

Paul E. Short, Jr., Circuit Court Judge

Unpublished Opinion No. 2004-UP-642

Submitted December 1, 2004 – Filed December 20, 2004

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, 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 John R. Justice, of Chester, for Respondent.

PER CURIAM: Anthony Drake Pendergrass appeals
his conviction for trafficking cocaine, arguing the trial court erred by failing
to suppress evidence that was the fruit of an unlawful search.  Pendergrass’s
counsel attached to the final brief a petition to be relieved as counsel, stating
she had reviewed the record and concluded this appeal lacks merit.  Pendergrass
filed a separate pro se brief, arguing his constitutional right to confront
witnesses was violated when the trial court tried him in absentia.  Pendergrass
further argued the trial court violated his right to competent counsel when
it denied his attorney’s request for a continuance, or in the alternative, to
withdraw as counsel because he had not been able to adequately discuss the case
with Pendergrass.  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] the appeal and grant counsel’s
petition to be relieved.

APPEAL DISMISSED.

HEARN, C.J. and GOOLSBY and WILLIAMS, JJ., concur.

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