State v. Brown

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.

Alvin Keith
Brown, Appellant.

Appeal From Florence County

 J. Michael Baxley, Circuit Court Judge

Unpublished Opinion No. 2008-UP-033

Submitted January 1, 2008 – Filed January
11, 2008   

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, 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 Edgar Lewis Clements, III, of Florence, for
Respondent.

PER CURIAM:  A
jury convicted Alvin Keith Brown of possession of crack cocaine with intent to
distribute (PWID), assault and battery with intent to kill (ABWIK), possession
of a weapon during the commission of a violent crime, resisting arrest with a
deadly weapon, assault of a high and aggravated nature (AHAN), and unlawful
possession of prescription drugs.  The trial judge sentenced him to fifteen
years in prison for PWID, two years for possession of prescription drugs, five years
for the weapons charge, ten years for AHAN, ten years for resisting arrest, and
life without the possibility of parole for ABWIK.  Brown argues the trial judge
erred in refusing to suppress evidence that was seized pursuant to an unlawful
seizure of him.  Brown’s counsel attached to the brief a petition to be
relieved as counsel, stating that she had reviewed the record and concluded
this appeal lacks merit.  Brown did not file a separate pro se brief.  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 Brown’s appeal and grant counsel’s
petition to be relieved.[1] 

APPEAL DISMISSED.

HUFF and PIEPER, JJ., and CURETON, A.J., concur.

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