State v. Kearns

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Eugene W. Kearns,       
Appellant.

Appeal From Spartanburg County

J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2003-UP-433

Submitted April 18, 2003 – Filed June
25, 2003

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak, Office of Appellate
Defense, of Columbia, Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh,  Assistant Deputy Attorney General Charles H. Richardson
, all of Columbia;  and Solicitor Harold W. Gowdy, III,  of Spartanburg, for
Respondent.

PER CURIAM:  Appellant Eugene W. Kearns
was convicted of trafficking in cocaine in excess of twenty-eight grams.  The
trial court sentenced him to 25 years and ordered him to pay a fine of $50,000. 
Kearns’ counsel attached to the final brief a petition to be relieved as counsel
stating he had reviewed the record and concluded the appeal lacked merit.  Kearns
filed a pro se response. 

After a review of the record as required by Anders
v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C.
116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues
that are arguable on their merits.  Accordingly, we dismiss Kearns’ appeal and
grant counsel’s petition to be relieved.

APPEAL DISMISSED.

CURETON, ANDERSON, and HUFF, JJ., concur.