State v. Samuels

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Wayne V. Samuels,       
Appellant,

Appeal From Horry County

J. Michael Baxley, Circuit Court Judge

Unpublished Opinion No. 2003-UP-622

Submitted August 20, 2003 – Filed October
21, 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 J. Gregory Hembree, of
Conway; for Respondent.

PER CURIAM:  Wayne V. Samuels appeals his
conviction for first-degree burglary, possession of a weapon during the commission
of a violent crime, and four counts each of kidnapping and armed robbery, arguing
the lower court erred in admitting evidence seized pursuant to a search warrant
supported by a false affidavit.  Samuel’s counsel attached to the brief a petition
to be relieved as counsel, stating that she had reviewed the record and concluded
this appeal lacks merit.  Samuel filed a separate pro se brief
arguing the lower court did not have subject matter jurisdiction because of
faulty indictments.  After a thorough review of the record, Samuel’s pro
se brief, and counsel’s brief pursuant to Anders v. California,
386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d
357 (1991), we dismiss [1] Samuels’s
appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., CONNOR and ANDERSON, JJ., concur.

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