McCombs v. State

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

John Leroy McCombs,       
Appellant,

v.

State of SC,       
Respondent.

Appeal From Dorchester County

Diane Schafer Goodstein, Circuit Court
Judge

Unpublished Opinion No.  2003-UP-720

Submitted September 17, 2003 – Filed December 15, 2003

APPEAL DISMISSED

Deputy Chief Attorney, Joseph L. Savitz, III, Office of Appellate
Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMasters, Chief Deputy Attorney
General John W. McIntosh and Assistant Attorney General Elizabeth McMahon, 
all of Columbia, for Respondent.

PER CURIAM:  Appellant, John Leroy McCombs,
filed several petitions for writ of habeas corpus in the circuit court.  A hearing
was held on the matter, at which time McCombs raised three separate grounds
for his entitlement to relief.  The circuit court found that one of the issues
raised by McCombs was a matter which could have been raised in a post-conviction
relief action.  The court therefore determined the matter was not appropriate
for the circuit court.  As to the other two issues, the circuit court found
no merit to his claims and denied McCombs relief.  Appellate counsel attached
a petition to be relieved as counsel to the final brief, stating he had reviewed
the record and concluded the appeal lacked merit.  We dismiss pursuant to Anders
v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C.
116, 406 S.E.2d 357 (1991).  Counsel’s petition to be relieved is granted.

APPEAL DISMISSED. 

HUFF, STILWELL, and BEATTY, JJ., concur.