State v. Mitchell

THE STATE OF SOUTH CAROLINA

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.

Garry Eugene
Mitchell,        Appellant.

Appeal From Richland County

James R. Barber, III, Circuit Court Judge

Unpublished Opinion No.  2005-UP-085

Submitted February 1, 2005 – Filed February
4, 2005

APPEAL DISMISSED

Acting Chief Attorney Joseph L. Savitz, III, of Columbia,
for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott,
all of Columbia; and Solicitor Warren B. Giese, of Columbia, for Respondent.

PER CURIAM:  Garry Eugene Mitchell pled guilty to breaking into a motor
vehicle.  He was sentenced to two years.  In addition, the judge revoked eighteen
months of a prior probationary sentence for breaking into a motor vehicle. 
The judge ordered that the two year sentence was to be consecutive to the eighteen
month sentence.  Mitchell’s appellate counsel filed a brief pursuant to Anders
v. California, 386 U.S. 738 (1967).  Counsel additionally submitted a petition
to be relieved from representation, asserting there are no directly appealable
issues of arguable merit.  Mitchell did not file a pro se response
with the Court.

After a 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.
[1]

APPEAL DISMISSED.

ANDERSON, BEATTY, and SHORT, JJ., concur.

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