State v. Diggs

PER CURIAM: Robert McKoy waived presentment on an indictment for possession
of a stolen vehicle, pled guilty, and was sentenc

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.

Sammy Brian Diggs,       
Appellant.

Appeal From Oconee County

Alexander S. Macaulay, Circuit Court
Judge

Unpublished Opinion No. 2004-UP-417

Submitted April 21, 2004 – Filed June
25, 2004

APPEAL DISMISSED

Assistant Appellant Defender Tara S. Taggart, Office of
Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
all of Columbia; and Solicitor Druanne D. White, of Anderson, for Respondent.

PER CURIAM:  Sammy Brian Diggs was indicted
for and pled guilty to felony driving under the influence resulting in death. 
Diggs’ appellate counsel submitted a petition to be relieved as counsel, stating
she reviewed the record and concluded Diggs’ appeal is without merit.  Diggs
did not file a pro se brief with the court.

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 Diggs’ appeal and
grant counsel’s motion to be relieved.
[1]

APPEAL DISMISSED.

GOOLSBY, HOWARD, and BEATTY, 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.