State v. McFadden

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.

Bernard McFadden,       
Appellant.

Appeal From Sumter County

Clifton Newman, Circuit Court Judge

Unpublished Opinion No. 2004-UP-502

Submitted October 1, 2004 – Filed October
7, 2004

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak, of Columbia,
for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh,
Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Cecil
Kelley Jackson, Third Circuit Solicitor's Office, of Sumter, for Respondent.

PER CURIAM:  Bernard McFadden was convicted
of assaulting a law enforcement officer.  He was sentenced to eight years imprisonment. 
McFadden’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.  McFadden filed 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.