State v. Hyatt

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Jeffrey Lawrence Hyatt,       
Appellant.

Appeal From Greenville County

Joseph J. Watson , Circuit Court Judge

Unpublished Opinion No. 2003-UP-493

Submitted June 9, 2003 – Filed August 26, 2003

APPEAL DISMISSED

Senior Assistant Appellate Defender Wanda H. Haile, Office
of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H, Richardson,
all of Columbia;  and Solicitor Robert M. Ariail, of Greenville, for Respondent.              

PER CURIAM: Jeffrey Lawrence Hyatt was convicted
of assault on a correctional facility employee pursuant to S.C. Code Ann. §
16-3-630.  On appeal, Hyatt argues: (1) the trial court erred by allowing the
State to exercise a peremptory challenge in a discriminatory manner; and (2)
the trial court lacked subject matter jurisdiction because the indictment was
not filed within ninety days.  Counsel for appellant petitioned to be relieved
as counsel, stating that her client’s appeal lacks merit.  Hyatt filed a separate
pro se brief.  After a thorough review of the record, Hyatt’s brief,
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] Hyatt’s appeal and grant counsel’s
motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., CONNOR and ANDERSON, JJ., concur.

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