State v. Foster

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Leonard Lee Foster,       
Appellant.

Appeal From Cherokee County

Gary E. Clary, Circuit Court Judge

Unpublished Opinion No. 2004-UP-024

Submitted November 19, 2003 – Filed
January 15, 2004

APPEAL DISMISSED

Assistant Appellate Defender Eleanor Duffy Cleary, of Columbia,
for 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:  Leonard Lee Foster pled guilty to driving after having
been declared a habitual offender and was convicted by a jury of felony driving
under the influence causing death and reckless driving.  The trial court sentenced
him to consecutive terms of imprisonment of five years, twenty-five years, and
ten years respectively, with credit for time served.  Foster’s counsel attached
to the final brief a petition to be relieved as counsel stating she had reviewed
the record and concluded the appeal lacked merit.  Foster filed a pro se
response.

We dismiss 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 hold there are no directly appealable issues that are arguable on
their merits.  Accordingly, we dismiss Foster’s appeal and grant counsel’s petition
to be relieved.

APPEAL DISMISSED.

HUFF, STILWELL, and BEATTY, JJ., concur.