State v. Clayton

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.

Terry A.
Clayton, Appellant.

Appeal From Spartanburg County

 Marc H. Westbrook, Circuit Court Judge

Unpublished Opinion No. 2008-UP-106

Submitted February 1, 2008 – Filed
February 12, 2008   

APPEAL DISMISSED

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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
of Columbia, Harold W. Gowdy, III, for Respondent.

PER CURIAM:  Appellant,
Terry A. Clayton, was indicted for and convicted of one count of felony DUI
causing death and one count of reckless homicide.  The trial judge sentenced Clayton
to concurrent sentences of fifteen years for felony DUI and ten years for reckless
homicide.  Clayton’s counsel
attached to the brief a petition to be relieved as counsel, stating that she
had reviewed the record and concluded this appeal lacks merit.  Clayton filed a
separate pro se brief.  After a thorough review of the record 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] the appeal and grant counsel’s petition to be relieved.

APPEAL
DISMISSED.

HUFF,
KITTREDGE, and WILLIAMS, JJ., concur.

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