State v. Smith

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

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The State,

Respondent,

v.

Jerry Lee Smith,

Appellant.

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Appeal From Lee County

 Clifton Newman, Circuit Court Judge

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Unpublished Opinion No. 2003-UP-576

Submitted July 15, 2003 – Filed October
1, 2003   

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APPEAL DISMISSED

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Senior Assistant Appellate Defender Wanda H. Haile, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles
H. Richardson, of Columbia, Solicitor Cecil Kelley Jackson, of Sumter, for Respondent.

PER CURIAM:  Jerry Lee Smith appeals
his plea of guilty to threatening the life of a public official, pointing and
presenting a firearm, assault and battery of a high and aggravated nature (ABHAN),
and aiding an escape from custody of an officer.  The trial judge sentenced
Smith to ten years imprisonment for ABHAN, five years imprisonment for pointing
and presenting a firearm, five years imprisonment for threatening the life of
a public official, and two years imprisonment for aiding an escape from custody. 
The sentences were to be served concurrently.

            Pursuant to Anders v. California,
386 U.S. 738 (1967), counsel for Smith attached to the final brief a petition
to be relieved as counsel, stating she had reviewed the record and concluded
Smith’s appeal is without legal merit sufficient to warrant a new trial.  Smith
did not file a separate pro se response.

After a thorough review of the record pursuant
to Anders 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.

HEARN, C.J., CONNOR and ANDERSON, JJ., concur.