State v. Ellison

In The Court of Appeals

Henry F. Floyd, Circuit Court Judge

Submitted November 19, 2003 – Filed
January 21, 2004

<PER CURIAM: Scott Ellison was indicted for
first degree burglary by the Chesterfield Grand Jury and kidnapping, first degree
criminal sexual conduct, and failure to return a rented vehicle valued at more
than $5000.00 by the Richland County Grand Jury.  He was tried on all charges
together in Richland County.  During the trial, the court reduced the charge
for failure to return a rented vehicle to one valued at less than $1000.00,
finding the State failed to produce evidence of the vehicles value.  The jury
convicted Ellison of all charges.  The trial court sentenced Ellison to consecutive
sentences of thirty years each for kidnapping and criminal sexual conduct and
fifteen years for burglary, with credit for time served.  It imposed a concurrent
sentence of thirty days for failure to return a rented vehicle.  Ellison’s 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.  Ellison did
not file a pro se response.

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 Ellison’s appeal and grant counsel’s
petition to be relieved.