In the Matter of the Care and Treatment of Jimmy Ray Turner

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

In the Matter of the Care and Treatment of Jimmy
Ray Turner, Appellant.

Appeal From Anderson County

 Alexander S. Macaulay, Circuit Court
Judge

Unpublished Opinion No. 2008-UP-509

Submitted September 2, 2008 – Filed
September 8, 2008

Withdrawn, Substituted, and Refiled September
12, 2008

APPEAL DISMISSED

Cameron Grant Boggs, of Greenville, for Appellant.

Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief
Deputy Attorney General, R. Westmoreland Clarkson, Assistant Attorney General, Deborah
R.J. Shupe, Assistant Attorney General, all of Columbia, for Respondent.

 

PER CURIAM: Jimmy
Ray Turner appeals his commitment under
the South Carolina Sexually Violent Predator Act (the Act).    Turner argues
his confinement is unconstitutional because the Act violates the South Carolina
Constitution.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Turner’s
counsel attached a petition to be relieved, stating he reviewed the record and
concluded this appeal lacks merit.  After a thorough review of the record and counsel’s brief pursuant to Anders v. California, 386 U.S. 738
(1967), In re McCoy, 360 S.C. 425, 602 S.E.2d 58 (2004)
(adopting the Anders procedure for alleged no-merit appeals in sexually
violent predator involuntary commitment appeals), and State v. Williams, 305 S.C. 116, 406 S.E.2d
357 (1991), we dismiss[1] Turner’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

SHORT,
THOMAS, and PIEPER, JJ., concur.

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