State v. McClellan

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.

Jay Lamar
McClellan,        Appellant.

Appeal From Georgetown County

John M. Milling, Circuit Court Judge

Unpublished Opinion No.
2005-UP-432

Submitted July 1, 2005 – Filed July 13, 2005

APPEAL DISMISSED

Assistant Appellate Defender
Eleanor Duffy Cleary, of Columbia, for Appellant.

Attorney General Henry D.
McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant
Deputy Attorney General Salley W. Elliott, and Assistant Attorney
General Deborah R. J. Shupe, all of Columbia, for Respondent.

PER CURIAM:  Jay
McClellan appeals his sentence of nineteen years imprisonment for aiding and
abetting homicide by child abuse.  He maintains the trial court abused its
discretion in failing to grant McClellan a continuance.  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] McClellan’s
appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J. and BEATTY and SHORT,
JJ., concur.

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