State v. Southerland

PER CURIAM: Robert McKoy waived presentment on an indictment for possession
of a stolen vehicle, pled guilty, and was sentenc

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.

Desmond Jay Southerland,
Appellant.

Appeal From Greenville
County

Charles B. Simmons, Jr., Special
Circuit Court Judge

Unpublished Opinion
No. 2004-UP-353

Submitted March 19, 2004 –
Filed May 27, 2004

APPEAL DISMISSED

Senior Assistant Appellant
Defender Wanda P. Hagler,

Office of Appellate Defense,
of Columbia, for Appellant.

Attorney General Henry Dargan
McMaster, Chief Deputy

Attorney    General John
W. McIntosh, Assistant Deputy

Attorney General Salley W.
Elliott, all of Columbia; and

Solicitor Robert M. Ariail,
of Greenville, for Respondent.

PER CURIAM:  Desmond Jay Southerland
was indicted of and subsequently pled guilty to possession of marijuana with
intent to distribute.  Southerland’s appellate counsel submitted a petition
to be relieved as counsel, stating she has reviewed the record and has concluded
Southerland’s appeal is without merit.  Southerland did not file a pro se
brief with the court.

After a review of the record as required
by Anders v. California, 386 U.S. 738 (1967), and State v. Williams,
305 S.C. 116, 406 S.E.2d 357 (1991), we hold there are no directly appealable
issues that are arguable on their merits.  Accordingly, we dismiss Southerland’s
appeal and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED.

GOOLSBY, HOWARD, and BEATTY, JJ.,
concur.

[1]   Because oral argument would not aid the court in resolving the issues
on appeal, we decide this case without oral argument pursuant to Rules 215
and 220(b)(2), SCACR.