State v. Robert Simmons

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.

Robert Lee Simmons, Appellant.

Appeal From Berkeley County

R. Markley Dennis, Jr., Circuit Court
Judge

Unpublished Opinion No. 2004-UP-376

Submitted April 21, 2004 – Filed June
17, 2004

APPEAL DISMISSED

Chief Appellate Defender Daniel T. Stacey, 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 Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Robert Lee Simmons
was convicted of pointing and presenting a firearm and sentenced to four years
imprisonment.  Additionally, the circuit court revoked two years of Simmons’
probation on an unrelated charge, the sentence to run concurrently with the
previous sentence.  Pursuant to Anders v. California, 386 U.S. 738 (1967),
Simmons’ counsel attached a petition to be relieved.  Simmons 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 Simmons’ appeal and grant counsel’s petition
to be relieved.

APPEAL DISMISSED.
[1]

GOOLSBY, HOWARD, and BEATTY, 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.