State v. Burton

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Patrick Burton,       
Appellant.

Appeal From Abbeville County

James W. Johnson, Jr., Circuit Court
Judge

Unpublished Opinion No. 2003-UP-309

Submitted February 20, 2003 – Filed May 6, 2003

APPEAL DISMISSED

Chief Attorney Daniel T. Stacey, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh,  Assistant Deputy Attorney General Charles H. Richardson,
all of Columbia;  and Solicitor William Townes Jones, of Greenwood, for Respondent.

PER CURIAM: Patrick Burton appeals his convictions
for first-degree burglary and simple assault and battery.  Burton’s appellate
counsel has petitioned to be relieved as counsel, stating he has reviewed the
record and has concluded Burton’s appeal is without merit.  The issue briefed
by counsel concerns whether the trial court erred in failing to charge the defense
of alibi.  Burton has filed a  pro se brief with this court alleging
numerous other trial errors.

After a review of the record as required
by Anders v. California, 386 U.S. 738 (1967), and State v. Williams,
305 S.C. 116, 406 S.E.2d 357 (1991), we hold there are no directly appealable
issues that are arguable on their merits.  Accordingly, we dismiss Burton’s
appeal and grant counsel’s petition to be relieved.1

APPEAL DISMISSED.

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

         
1  Because oral argument would not aid the court in resolving
the issues on appeal, we decide this case without oral argument pursuant to
Rules 215 and 220(b)(2), SCACR.