State v. Anthony

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.

David Anthony,       
Appellant.

Appeal From Sumter County

Howard P. King, Circuit Court Judge

Unpublished Opinion No.  2004-UP-196

Submitted January 29, 2004 – Filed March
24, 2004

APPEAL DISMISSED

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

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

PER CURIAM:  David Anthony was convicted
of attempted armed robbery and was sentenced.  The issue briefed by appellate
counsel concerns whether the trial court erred in allowing the State to exercise
four peremptory challenges in a discriminatory manner.  Anthony’s appellate
counsel has petitioned to be relieved as counsel, stating that she has reviewed
the record and has concluded Anthony’s appeal is without merit.  Anthony has
filed a pro se brief, alleging error in: 1) failing to direct a verdict
in his favor where the jury returned inconsistent verdicts; and 2) admitting
an in-court identification.  

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 hold there are no directly appealable
issues that are arguable on their merits.  Accordingly, we dismiss Anthony’s
appeal and grant counsel’s petition to be relieved. [1]    

APPEAL DISMISSED.

GOOLSBY, HOWARD and KITTREDGE, JJ., concur.

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