State v. Colwell

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.

John Edward Colwell,       
Appellant.

Appeal From Sumter County

Clifton Newman, Circuit Court Judge

Unpublished Opinion No. 2004-UP-380

Submitted April 21, 2004 – Filed June
18, 2004

APPEAL DISMISSED

Assistant Appellate 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 Cecil Kelley Jackson, of Sumter, for Respondent.

PER CURIAM:  John Edward Colwell appeals
his convictions for armed robbery and possession of a firearm during the commission
of a violent crime.  Colwell’s appellate counsel has petitioned to be relieved
as counsel, stating she has reviewed the record and has concluded Colwell’s
appeal is without legal merit.  The issue briefed by counsel concerns whether
the trial court erred in refusing to direct a verdict for the defense.  Colwell
has filed a brief on his own behalf alleging, in addition to the issue briefed
by counsel, error in admission of a photograph.

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
Colwell’s appeal and grant counsel’s petition 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.