State v. Posey

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Brian Posey,       
Appellant.

Appeal From Spartanburg County

J. Derham Cole, Circuit Court Judge

Opinion No. 2003-UP-63

Submitted September 25, 2002 - Filed
January 22, 2002   

APPEAL DISMISSED

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

Attorney General Henry D. McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for respondent.

PER CURIAM:  A jury
convicted Brian Posey of trafficking in crack cocaine.  The trial judge sentenced
Posey to life imprisonment under the recidivist statute, S.C. Code Ann. § 17-25-45
(Supp. 2001).  Posey appeals the trial judge’s imposition of this sentence.

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

After a 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.

CONNOR, STILWELL, and HOWARD, JJ., concur.