State v. McCluney

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.

Curtis Miles McCluney,       
Appellant.

Appeal From Cherokee County

Gary E. Clary, Circuit Court Judge

Unpublished Opinion No. 2004-UP-133

Submitted December 23, 2003 – Filed
February 26, 2004

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, 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:  Curtis Miles
McCluney was convicted of armed robbery and assault and battery with intent
to kill.  The circuit court sentenced him to life imprisonment on each charge,
with the sentences to run consecutively.  Pursuant to Anders v. California,
386 U.S. 738 (1967), McCluney’s counsel attached a petition to be relieved. 
McCluney did not file a pro se response.

After review of the record 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 McCluney’s appeal and grant counsel’s
petition to be relieved.

APPEAL DISMISSED.
[1]

GOOLSBY, HOWARD, and KITTREDGE,
JJ., concurring

[1] Because oral argument would not aid the Court in resolving any issue
on appeal, we decide this case without oral argument pursuant to Rule 215
and 220(b)(2), SCACR.