State v. Walker

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Lowell Thomas Walker,       
Appellant.

Appeal From Lexington County

Clifton Newman, Circuit Court Judge

Unpublished Opinion No. 2003-UP-506

Submitted July 1, 2003 – Filed August
27, 2003

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 Charles H. Richardson,
of Columbia; Solicitor Donald M. Myers, of Lexington, for Respondent.

PER CURIAM:  Lowell Walker was indicted
for distribution of marijuana, second-degree burglary, and criminal sexual conduct
with a minor.  Walker pled guilty to distribution of marijuana and the lesser-included
offenses of third-degree burglary and assault and battery of a high and aggravated
nature (ABHAN).  He was sentenced as follows: for distribution of marijuana,
five years confinement; for burglary, a concurrent term of five years confinement;
and for ABHAN, a consecutive term of ten years confinement.  He appeals, arguing
his guilty plea was invalid because he received consecutive sentences, when
he expected to receive concurrent sentences.

Walker’s appellate counsel submitted a petition to
be relieved as counsel, stating he has reviewed the record and has concluded
Walker’s appeal is without merit.  Walker filed a document with the court.

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 Walker’s appeal
and grant counsel’s motion to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, 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 Rules 215 and 220(b)(2), SCACR.