State v. Gainey

THIS OPINION HAS NO PRECEDENTAL 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.

Johnny A. Gainey,       
Appellant.

Appeal From Kershaw County

J. Ernest Kinard, Jr., Circuit Court
Judge

Unpublished Opinion No. 2004-UP-146

Submitted December 23, 2003 – Filed
March 1, 2004

APPEAL DISMISSED

Deputy Chief Attorney Joseph L. Savitz, III , Office of Appellate
Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka,; 
and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM:  Johnny A. Gainey was convicted
of voluntary manslaughter.  Gainey’s appellate counsel has petitioned to be
relieved as counsel, stating he has reviewed the record and has concluded Morgan’s
appeal is without merit.  Gainey’s appellate counsel asserts that the circuit
court erred in failing to grant his directed verdict motion, contending that
the evidence presented at trial established self-defense as a matter of law. 
In a separate pro se brief, Gainey argues that the circuit court erred
in failing to grant his directed verdict motion, contending that the evidence
presented at trial established self-defense as a matter of law.

After a review of the record as required by 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 Gainey’s appeal
and grant counsel’s petition to be relieved.1

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.

         
1  Because oral argument would not aid the court in resolving
the issues on appeal, we decide this case without oral argument pursuant to
Rules 215 and 220(b)(2), SCACR.