State v. Johnson

CourtListener 10137910Scctapp15 nov 2004

Testo completo

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.

Jonathon M. Johnson,       
Appellant.

Appeal From Orangeburg County

Edward B. Cottingham, Circuit Court
Judge

Unpublished Opinion No. 2004-UP-570

Submitted November 1, 2004 – Filed November
15, 2004

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, 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 Walter M. Bailey, Jr., of Summerville, for Respondent.

PER CURIAM:  Jonathon Johnson appeals his
conviction for kidnapping.  Based on Johnson’s prior record, the trial judge
sentenced him to life imprisonment without the possibility of parole.

Pursuant to Anders v. California,
386 U.S. 738 (1967), counsel for Johnson attached to the final brief a petition
to be relieved as counsel, stating she had reviewed the record and concluded
Johnson’s appeal is without legal merit sufficient to warrant a new trial. 
Johnson did not file a separate pro se response.

After a thorough 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.

APPEAL DISMISSED. [1]

HUFF, BEATTY, 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 Rule 215,
SCACR.

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