State v. McCoy

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Melvin McCoy,       
Appellant.

Appeal From Richland County

L. Henry McKellar, Circuit Court Judge

Opinion No. 2003-UP-67

Subbmitted November 20, 2003 - January 22, 2003

APPEAL DISMISSED

Senior Assistant Appellate Defender Wanda H. Haile, of Columbia, for Appellant

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh,
Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and
Solicitor Warren B. Giese, of Columbia; for Respondent

PER CURIAM: Melvin McCoy pleaded guilty under North Carolina
v. Alford, 400 U.S. 25 (1970), to two charges of first degree criminal sexual
conduct with a minor. The trial judge accepted McCoy's plea and sentenced him
to twenty years on each charge, suspended upon the service of eight years. Both
sentences were to run concurrently and McCoy was given credit for his pretrial
detention.

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

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.

CONNOR, STILWELL, AND HOWARD, JJ., concur.