Baker v. State

CourtListener 10137773ScctappAug 25, 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

Henry Baker, Appellant,

v.

State of South Carolina, Respondent.

Appeal From York County

 Lee S. Alford, Circuit Court Judge

Unpublished Opinion No. 2004-UP-448

Submitted July 7, 2004 – Filed August
25, 2004

APPEAL DISMISSED

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

Attorney General Dargan McMaster, Chief Deputy Attorney General
John W. McIntosh, Assistant Attorney General David A. Spencer, all of Columbia,
for Respondent.

PER CURIAM:  Henry Baker appeals the circuit
court’s dismissal of his Petition for a Writ of Habeas Corpus.  Any matter cognizable
under the Uniform Post-Conviction Procedure Act may not be raised by a writ
of habeas corpus in circuit court.  Simpson v. State, 329 S.C. 43, 46,
495 S.E.2d 429, 431 (1998).  After a thorough review of the record and counsel’s
brief 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 [1] Baker’s appeal and grant counsel’s motion to
be relieved.

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ.,
concur.

[1]        We decide this case without oral argument pursuant to Rule
215, SCACR.

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