State v. Simmons

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.

Joseph L. Simmons,       
Appellant.

Appeal From Charleston County

Thomas L. Hughston, Jr., Circuit Court
Judge

Unpublished Opinion No. 2004-UP-403

Submitted April, 21, 2004 – Filed June
22, 2004

APPEAL DISMISSED

Senior Assistant Appellate Defender Wanda P. Hagler, 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 Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Joseph L. Simmons (Appellant)
was convicted of two counts of shoplifting.  He was sentenced to concurrent
terms of five years in prison, suspended upon the service of three years in
prison and two years probation on each charge.

On appeal, counsel for Appellant has filed a final
brief along with a petition to be relieved as counsel.  Appellant has not filed
a pro se response.  After a thorough review of the record 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 the appeal and grant counsel’s
petition to be relieved.      

APPEAL DISMISSED. [1]

GOOSLBY, HOWARD, and BEATTY, JJ., concur.

[1]   This case is decided without oral argument pursuant to Rule 215,
SCACR.