State v. Fewell

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.

Johnny Ray Fewell, #1 Appellant.

Appeal From York County

 John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2005-UP-500

Submitted August 1, 2005 – Filed August 23, 2005

APPEAL DISMISSED

Acting Deputy Chief Attorney Wanda H. Carter, 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, Office of the Attorney General, of Columbia; and Solicitor Thomas E. Pope, of York, for Respondent.

PER CURIAM: Johnny Ray Fewell was convicted for assault and battery of a high and aggravated nature and criminal conspiracy.  He received consecutive sentences of ten years on the assault and battery charge and five years on the charge of criminal conspiracy.  Appellant argues that the trial judge erred in denying appellant’s motions for directed verdict.  Fewell’s counsel attached to the final brief a petition to be relieved as counsel, stating she had reviewed the record and concluded this appeal lacks merit.  Appellant filed a pro se response.

After a thorough review of the record, Fewell’s pro se brief, and counsel’s 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 the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.[1]

GOOLSBY, BEATTY, and SHORT, JJ., concur.

[1]  We decide this case without oral argument pursuant to Rule 215, SCACR.