State v. Tatom

THE STATE OF SOUTH CAROLINA

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 Tatom, Sr., Appellant.

Appeal From Georgetown County

Paula H. Thomas, Circuit Court Judge

Unpublished Opinion No. 2004-UP-463

Submitted September 14, 2004 – Filed September 15, 2004

APPEAL DISMISSED

Assistant Appellate Defender Tara S. Taggart, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General
John W. McIntosh and Assistant Deputy Attorney General Salley W. Elliott,
all of Columbia; and Solicitor J. Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  David Tatom was indicted for
first-degree criminal sexual conduct with a minor, lewd act on a minor, and
unlawful conduct towards a child.  The jury acquitted Tatom of first-degree
criminal sexual conduct with a minor.  The jury convicted Tatom of lewd act
on a minor and unlawful conduct towards a child.  The judge sentenced him: “As
to the unlawful conduct towards a child the sentence of the Court is ten years. 
As to the lewd act on a minor the sentence of the Court is 12 years.”  Tatom’s
appellate counsel filed a brief pursuant to Anders v. California, 386
U.S. 738 (1967).  Counsel additionally submitted a petition to be relieved from
representation, asserting there are no directly appealable issues of arguable
merit.  Tatom did not file a pro se response with the Court.

After a 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.
[1]

APPEAL DISMISSED.

GOOLSBY, ANDERSON, and WILLIAMS, JJ., concur.

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