State v. Gibson

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

David J. Gibson,       
Appellant.

Appeal From Orangeburg County

Luke N. Brown, Jr., Circuit Court Judge

Unpublished Opinion No. 2003-UP-526

Submitted July 1, 2003 – Filed September
2, 2003  

APPEAL DISMISSED

Deputy Chief Attorney Joseph L. Savitz, III, Office of Appellate
Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
Assistant Attorney General Elizabeth McMahon, all of Columbia; and Solicitor
J. Walter M. Bailey, of Summerville; for Respondent.

PER CURIAM:  David J. Gibson appeals his
conviction for possession of crack cocaine.  Gibson’s appellate counsel has
petitioned to be relieved as counsel, stating he has reviewed the record and
has concluded Chestnut’s appeal is without merit.  The issue briefed by counsel
concerns whether the circuit court erred in allowing the State to reopen its
case for the sole purpose of introducing the crack cocaine allegedly found on
Gibson.  Gibson has not filed a pro se brief.

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 Gibson’s
appeal and grant counsel’s petition to be relieved.1

APPEAL DISMISSED.

GOOLSBY, BEATTY, and KITTREDGE, 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.