State v. Morris

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.

Anthony Lamont Morris, Appellant.

Appeal From Greenville County

 John C. Few, Circuit Court Judge

Unpublished Opinion No. 2004-UP-373

Submitted April 21, 2004 – Filed June 17, 2004

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 Salley W. Elliott,
all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for
Respondent.

PER CURIAM:  Anthony Lamont Morris appeals
his conviction for trafficking in cocaine.  Morris’s appellate counsel has petitioned
to be relieved as counsel, stating he has reviewed the record and has concluded
Morris’s appeal is without legal merit sufficient to warrant a new trial.  The
issue briefed by counsel concerns whether the trial court erred in refusing
to submit a lesser-included offense to the jury.  Morris has filed a brief on
his own behalf alleging, in addition to the issue briefed by counsel, evidentiary
errors and defects in subject matter jurisdiction.

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 in this case that are
arguable on their merits.  Accordingly, we dismiss Morris’s appeal and grant
counsel’s petition to be relieved.
[1]

APPEAL DISMISSED.

GOOLSBY, HOWARD, and BEATTY, 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.