State v. Spain

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.

Harvey L. Spain,       
Appellant.

Appeal From Horry County

John M. Milling, Circuit Court Judge

Unpublished Opinion No. 2004-UP-174

Submitted January 29, 2004 – Filed March
16, 2004

APPEAL DISMISSED

Chief Appellate Defender 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,
all of Columbia; and J. Gregory Hembree, of Conway; for Respondent.

PER CURIAM:  Harvey L. Spain was
convicted of possession of crack cocaine, second offense, and sentenced to three
years imprisonment.  Pursuant to Anders v. California, 386 U.S. 738 (1967),
Spain’s counsel attached a petition to be relieved.  Spain did not file a pro
se response.

After 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 Spain’s appeal and grant counsel’s petition
to be relieved.

APPEAL DISMISSED.
[1]

GOOLSBY, HOWARD, and KITTREDGE, JJ., concurring.

[1] Because oral argument would not aid the Court in resolving any issue
on appeal, we decide this case without oral argument pursuant to Rule 215
and 220(b)(2), SCACR.