CourtListener 10137262•State v. Lowery
Texte intégral
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State,
Respondent,
v.
Quincy Lowery,
Appellant.
Appeal From Marlboro County
Edward B. Cottingham, Circuit Court
Judge
Unpublished Opinion No. 2003-UP-644
Submitted August 20, 2003 Filed November 4, 2003
APPEAL DISMISSED
Assistant Appellate Defender Robert M. Pachak, 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 Jay E. Hodge, Jr., of Cheraw, for Respondent.
PER CURIAM: Quincy Lowery and three co-defendants
were indicted for the armed robbery of a liquor store in McColl, South Carolina.
He was found guilty and sentenced to twenty-one years in prison. Lowery appeals
his conviction, arguing the trial court erred in allowing the victim to make
an in-court identification of him based on her recollection of him from the
bond hearing. Pursuant to Anders v. California, 386 U.S. 738 (1967),
Lowerys counsel attached a petition to be relieved, stating he reviewed the
record and concluded this appeal lacks merit. Lowery filed a separate pro
se brief, arguing the following six issues: (1) the trial court misallocated
the burden of proof by instructing the jury to acquit if the evidence demonstrated
a real possibility of innocence; (2) the trial court denied Lowery the right
to a fair and impartial jury because the jury instructions left the jurors with
no choice but to find [him] guilty; (3) the trial courts extra-judicial remarks
at the time of sentencing demonstrated the courts bias and resulted in a sentence
plainly violative of [Lowerys] rights; (4) defense counsel breached Lowerys
fiduciary duty to shield confidences concerning [Lowerys] alibi defense;
(5) Lowery was denied effective assistance of counsel because his attorney failed
to refute a number of the States claims; and (6) the trial court lacked subject
matter jurisdiction.
After a thorough review of the record and counsels
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] Lowerys appeal and grant counsels 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.
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