State v. Smith

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Carlos Smith,       
Appellant.

Appeal From Spartanburg County

Donald W. Beatty, Circuit Court Judge

Unpublished Opinion No. 2003-UP-279

Submitted February 20, 2003 – Filed
April 17, 2003   

APPEAL DISMISSED

Chief Attorney Daniel T. Stacey, of Columbia; for
Appellant.

Attorney General Henry Dargan
McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney
General Charles H. Richardson, Assistant Attorney General W. Rutledge Martin,
of Columbia; and Harold W. Gowdy, III, of Spartanburg; for Respondent.

PER CURIAM: Carlos Smith was indicted by a Spartanburg
County grand jury for two counts of assault and battery with intent to kill
and one count of possession of a pistol by a person under twenty-one.   Following
a jury trial, Smith was found guilty on all charges and sentenced to ten years
each to run concurrent on the ABIK charges and one year consecutive with credit
for time served on the weapons charge.  Smith’s counsel attached to the final
brief a petition to be relieved as counsel stating he had reviewed the record
and concluded the appeal lacked merit.  We dismiss
[1] pursuant to Anders v. California, 386 U.S. 738 (1967)
and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991).  Counsel’s
petition to be relieved is granted.

APPEAL DISMISSED.

HEARN, C.J., CURETON and GOOLSBY, JJ., concur.

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