State v. Gosnell

THIS OPINION HAS NO PRECEDENTIAL VALUE

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.

Benjamin W. Gosnell,       
Appellant.

Appeal From Spartanburg County

J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2004-UP-414

Submitted April 21, 2004 – Filed June 25, 2004

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Benjamin W. Gosnell appeals
his conviction for first-degree criminal sexual conduct with a minor.  Gosnell’s
appellate counsel has petitioned to be relieved as counsel, stating she has
reviewed the record and has concluded Gosnell’s appeal is without legal merit
sufficient to warrant a new trial.  The issue briefed by counsel concerns whether
the trial court erred in not granting Gosnell’s motion for a directed verdict
of acquittal.  Gosnell did not file a brief with this court on his own behalf.

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 the trial court committed no error
in denying Gosnell’s motion for a directed verdict of acquittal, the evidence
being sufficient to support his conviction and sentence.  We also hold there
are no directly appealable issues in this case that are arguable on their merits. 
Accordingly, we dismiss Gosnell’s appeal and grant counsel’s petition 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.