State v. Fulmore

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.

Kozales John Fulmore, Appellant.

Appeal From Georgetown County

 John  L.  Breeden, Circuit Court Judge

Unpublished Opinion No. 2004-UP-584

Submitted November 1, 2004 – Filed November
17, 2004

APPEAL DISMISSED

Assistant Appellate Defender
Robert M. Pachak, 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 John Gregory
Hembree, of Conway, for Respondent.

PER CURIAM:  Kozales John Fulmore was convicted of second-degree burglary
and grand larceny.  He was sentenced to ten years, suspended on the service
of six years with three years probation on the burglary charge and to five years,
concurrent, on the grand larceny charge.  He appeals. 

Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel for Fulmore
attached to the final brief a petition to be relieved as counsel, stating he
had reviewed the record and concluded Fulmore’s appeal is without legal merit
sufficient to warrant a new trial.  Fulmore did not file a separate pro
se response.         

After a thorough review of the record pursuant to Anders and State
v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal
and grant counsel’s petition to be relieved. 

APPEAL DISMISSED. [1]

HUFF, KITTREDGE, and BEATTY, JJ., concur.

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