State v. O'Neal

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.

Jarvia Q. O’Neal, Appellant.

Appeal From Charleston County

 Daniel F.  Pieper, Circuit Court Judge

Unpublished Opinion No. 2005-UP-158

Submitted March 1, 2005 – Filed March
4, 2005

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak, of Columbia,
for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott,
all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Jarvia O’Neal appeals her conviction
for assault and battery with intent to kill.  The trial judge sentenced O’Neal
to five years imprisonment, suspended upon the service of two years with two
years probation.

Pursuant to Anders v. California,
386 U.S. 738 (1967), counsel for O’Neal attached to the final brief a petition
to be relieved as counsel, stating he had reviewed the record and concluded
O’Neal’s appeal is without legal merit sufficient to warrant a new trial.  O’Neal
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.

ANDERSON, BEATTY, and SHORT, JJ., concur.

APPEAL DISMISSED. [1]

[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.