State v. Seawright

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.

Michael Wayne
Seawright,        Appellant.

Appeal From Pickens County

John W. Kittredge, Circuit
Court Judge

Unpublished Opinion No.
2004-UP-177

Submitted January 29, 2004 – Filed March 16, 2004

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; Solicitor Robert M. Ariail, of Greenville,
for Respondent.

PER
CURIAM:  Michael Wayne Seawright appeals his convictions
for first-degree burglary and grand larceny.  Seawright’s appellate counsel
has petitioned to be relieved as counsel, stating he has reviewed the record
and has concluded Seawright’s appeal is without merit.  The issue briefed by
counsel concerns whether the trial court erred in failing to instruct the jury
to receive the testimony of an accomplice with caution.  Seawright has filed
a brief with this court on his own behalf alleging ineffective assistance of
counsel and averring he does not waive or forfeit any claims presented and raised
during trial.

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 in this case that are arguable on their merits.  Accordingly,
we dismiss Seawright’s appeal and grant counsel’s petition to be relieved.1

APPEAL DISMISSED.

GOOLSBY, HOWARD, and ANDERSON, 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.