State v. Smalls

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.

Robert Smalls, Appellant.

Appeal From Charleston County

Daniel  F. Pieper, Circuit Court Judge

Unpublished Opinion No. 2007-UP-414

Submitted October 1, 2007 – Filed October
8, 2007   

APPEAL DISMISSED

Chief Attorney Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
of Columbia, Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Appellant, Robert Smalls, was indicted for and
convicted of assault and battery with intent to kill.  The trial court
sentenced Smalls to twelve years imprisonment.  Smalls’ counsel attached to the brief a petition to be
relieved as counsel, stating that he had reviewed the record and concluded this
appeal lacks merit.  Smalls did not file a separate pro se brief.  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[1] the appeal and grant counsel’s petition to be relieved.

APPEAL
DISMISSED.

HEARN,
CJ., HUFF, and KITTREDGE, JJ., concur.

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