State v. Johnson

CourtListener 10137161ScctappSep 25, 2003

Full text

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Nathaniel Johnson,       
Appellant,

Appeal From Spartanburg County

Gary E. Clary, Circuit Court Judge

Unpublished Opinion No. 2003-UP-553

Submitted July 15, 2003 – Filed September
25, 2003  

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak,
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 Harold W. Gowdy,
III, of Spartanburg, for Respondent.

PER CURIAM:  Nathaniel Johnson appeals his
conviction for armed robbery of a high and aggravated nature, arguing the trial
court erred in refusing to grant a directed verdict to the charge of armed robbery
because the State failed to prove that appellant was armed with a knife.  Johnson’s
counsel attached to the brief a petition to be relieved as counsel, stating
that he had reviewed the record and concluded this appeal lacks merit.  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] Johnson’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., CONNOR and ANDERSON, JJ., concur.

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

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