State v. Simpson

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Jasper Simpson,       
Appellant.

Appeal From Orangeburg County

Edward B. Cottingham, Circuit Court
Judge

Unpublished Opinion No. 2004-UP-117

Submitted November 19, 2003 – Filed February 25, 2004

Withdrawn, Substituted and Re-filed
April 9, 2004

APPEAL DISMISSED

Senior Assistant Appellate Defender Wanda  P. Hagler, of
Columbia, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh,
Assistant Deputy Attorney General Charles H. Richardson, of Columbia, and Solicitor
Walter M. Bailey, Jr, of Summerville, for Respondent.

PER CURIAM: Jasper Simpson was convicted
of armed robbery and of assault and battery with intent to kill. He appeals
his conviction, arguing that the prosecutor exercised three peremptory challenges
in a discriminatory manner during the jury selection process. Counsel for Simpson
attached to the final brief a petition to be relieved as counsel. Simpson attached
a separate 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 Simpson’s
appeal and grant the counsel’s petition to be relieved.

APPEAL DISMISSED.

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