State v. Duncan

Michael J

THE STATE
OF SOUTH CAROLINA

In the Court
of Appeals

The
State,        Respondent,

v.

Wallace Duncan,
Jr.,        Appellant.

Appeal From
Marion County

James E. Brogdon,
Jr., Circuit Court Judge

Unpublished
Opinion No. 2003-UP-531

Submitted May
30, 2003 – Filed September 4, 2003

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Dudek, of Columbia,
for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald
J. Zelenka, all of Columbia;  and Solicitor Edgar Lewis Clements, III, of Florence,
for Respondent.

PER CURIAM:  Wallace Duncan, Jr., appeals his
plea of guilty to voluntary manslaughter.  The judge sentenced Duncan to twenty
years imprisonment.

Pursuant to Anders v. California, 386 U.S.
738 (1967), counsel for Duncan attached to the final brief a petition to be
relieved as counsel, stating he had reviewed the record and concluded Duncan’s
appeal of his guilty plea is without legal merit sufficient to warrant a new
trial.  Duncan did not file a separate pro se response.

After a thorough 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.

APPEAL DISMISSED.

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