State v. Johnson

CourtListener 10138030ScctappJan 13, 2005

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

The State, Respondent,

v.

Damien Johnson, Appellant.

Appeal From Georgetown County

 Paula H. Thomas, Circuit Court Judge

Unpublished Opinion No.  2005-UP-031

Submitted January 1, 2005 – Filed January
13, 2005

APPEAL DISMISSED

Assistant Appellate Defender Tara S. Taggart, 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:  Damien Johnson appeals his
convictions for first-degree burglary, kidnapping, and armed robbery.  The trial
judge sentenced Johnson to twenty years imprisonment for first-degree burglary,
twenty years imprisonment for kidnapping, and thirteen years imprisonment for
armed robbery. 

Pursuant to Anders v. California,
386 U.S. 738 (1967), counsel for Johnson attached to the final brief a petition
to be relieved as counsel, stating she had reviewed the record and concluded
Johnson’s appeal is without legal merit sufficient to warrant a new trial. 
Johnson 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]   Because oral argument would not aid the court in resolving the issues
on appeal, we decide this case without oral argument pursuant to Rule 215,
SCACR.

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