State v. Wilder

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Sammy Wilder,       
Appellant.

Appeal From Clarendon County

Howard P. King, Circuit Court Judge

Unpublished Opinion No. 2003-UP-653

Submitted August 20, 2003 – Filed November
13, 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, of Columbia,
Cecil Kelley Jackson, of Sumter, for Respondent.

PER CURIAM:  Sammy Wilder, an inmate
at Turbeville Correctional Institution (TCI), was convicted of assault upon
a correctional facility employee and assault and battery of a high and aggravated
nature (ABHAN).  The trial judge sentenced him to five years imprisonment on
the charge of assault of a correctional facility employee.   The judge sentenced
Wilder to ten years imprisonment on the ABHAN charge.  Both sentences were to
be served consecutively to Wilder’s underlying manslaughter sentence but concurrently
with one another.  Because Wilder had “maxed out” his sentence for manslaughter
while awaiting his trial on ABHAN and assault upon a correctional facility employee,
the judge gave him credit for time served since his max out date.   Wilder appeals. 

Pursuant to Anders v. California,
386 U.S. 738 (1967), counsel for Wilder attached to the final brief a petition
to be relieved as counsel, stating she had reviewed the record and concluded
Wilder’s appeal is without legal merit sufficient to warrant a new trial.  Wilder
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.