State v. Railey

CourtListener 10137579ScctappApr 19, 2004

Full text

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.

Randy Allison Railey,       
Appellant.

Appeal From York County

Lee S. Alford, Circuit Court Judge

Unpublished Opinion No. 2004-UP-260

Submitted February 20, 2004 – Filed
April 19, 2004   

APPEAL DISMISSED

Assistant Appellate Defender Wanda P. Hagler, 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 Thomas E. Pope, of York, for Respondent.

PER CURIAM:  Randy Allison Railey appeals
his conviction for assault and battery of a high and aggravated nature.  His
appellate counsel has petitioned to be relieved as counsel, stating she has
reviewed the record and has concluded his appeal is without merit.  The issue
briefed by counsel concerns whether the trial court erred in failing to charge
the jury regarding the voluntariness of confessions.  Railey has not filed any
documents on his own behalf.

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

APPEAL DISMISSED.

GOOLSBY, HOWARD, 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.

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